Under the Constitution, the president does not have the authority to launch offensive military actions. Not for 90 days. Not for 60 days. Not for one minute. And the War Powers Resolution of 1973 does not change that.
In this episode of Thoughts from Maharrey Head, I talk about presidential war powers and explain why the War Powers Resolution is itself unconstitutional.
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SHOW NOTES AND LINKS
“Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people. The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war, and in the degeneracy of manners and of morals engendered by both. No nation could preserve its freedom in the midst of continual warfare.” – James Madison
“This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress, for the important power of declaring war, is vested in the legislature at large.”James Wilson The Debates in the Several State Conventions on the Adoption of the Federal Constitution, Volume II, 488.