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…
Over the weekend, President Trump celebrated firing more than 100 missiles into Syria by Tweeting, “Mission Accomplished!” They say if you cannot learn from history you are condemned to repeat it. So I guess we are repeating it. We all remember that “Mission Accomplished” was the banner behind then-President Bush as he gloated aboard a…
To "declare war" in eighteenth-century terms included "declaring" by taking military action as well as by issuing a proclamation, and even relatively small armed conflicts with foreign nations were considered "war."
Will Congress awake from its slumber and finally dust off the part of the Constitution directing the Legislative Branch to decide on matters of war and peace?
An early draft of an Executive Order Pres. Donald Trump will likely issue Jan. 26 features a provision that sets the stage for further unconstitutional military intervention in Syria. You will find this relatively short directive buried deep in the EO. Sec. 6. Establishment of Safe Zones to Protect Vulnerable Syrian Populations. Pursuant to the…
News outlets have reported that U.S. and Russian negotiators reached an agreement about future military operations in Syria, including a (very optimistic) “cease fire” between the Syrian government and the rebels. Obviously, this deal is not going to be submitted to the U.S. Senate for its advice and consent. Does that make it potentially unconstitutional, like…