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Did you know that Truthout is a nonprofit and independently funded by readers like you? If you value what we do, please support our work with“Do you think the President has the authority to invade Iran tomorrow without getting permission from the people, from the United States Congress, absent him being able to show there is an immediate threat to our.
“The President has the power of the commander in chief. I think there has been general agreement, and cases support the authority of the President to take military action on his own in the case of an emergency, when there is not time for Congress to react.” Alito’s answer is no longer a historical artifact. It could become a live issue as Congress potentially votes this week on a resolution invoking the War Powers Resolution to try to halt or limit President Donald Trump’s new— could ultimately end up in court. Such a case could give conservative justices their long-awaited opportunity to end Congress’ power to limit presidents’ warmaking powers and to explicitly strike down a post-Vietnam War-era law many on the right have questioned.declares that the president can only “introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances” when there has been “ a declaration of war, specific statutory authorization, or a national emergency created by attack upon the United States.”entitled “War Powers Problem,” Roberts — then an associate in Ronald Reagan’s White House Counsel’s office — advised the Reagan administration to oppose legislation extending tax benefits to veterans who served in Reagan’s unauthorized military deployment to Lebanon. Roberts argued that the administration should oppose the bill simply because it mentioned Congress’ constitutional power to declare war. “I do not think we would want to concede any definitive role for Congress in terminating the Lebanon operation, even by joint resolution presented to the President,” Roberts wrote in the memo, which he authored only months after Congress passed a Lebanon War Powersthat “the imposition of such arbitrary and inflexible deadlines creates unwise limitations on Presidential authority to deploy United States Forces in the interests of United States national security.” “I do not and cannot cede any of the authority vested in me under the Constitution as President and as Commander in Chief of United States Armed Forces,” Reagan wrote. “Nor should my signing be viewed as any acknowledgment that the President’s constitutional authority can be impermissibly infringed by statute.” Roberts later wrote that the legislation “will be revised so it contains no references to a Congressional role in terminating the Lebanese operation.”, lawmakers explicitly questioned Roberts on whether Congress has the authority to stop a war. Roberts never answered the question directly, instead only answering that Congress “has the power of the purse” and that he couldn’t provide an answer for a hypothetical question. “That’s a question that I don’t think can be answered in the abstract,” Roberts said. “You need to know the particular circumstances and exactly what the facts are and what the legislation would be like… The argument on the executive side will rely on authority as commander in chief and whatever authorities derive from that. So it’s not something that can be answered in the abstract.”Justice Brett Kavanaugh has seemingly come down on both sides of the issue regarding limiting presidential war power. In a, the conservative judge wrote that “in justiciable cases, courts should not hesitate to enforce constitutional and statutory constraints on wartime activities.” Kavanaugh added that the courts should not “unilaterally recognize new limits that restrict U.S. officers’ wartime activities” and cited a previous Supreme Court ruling that stated courts “should indulge the widest latitude of interpretation to sustain” the president’s national security authority. Additionally, Justice Clarence Thomas has also questioned whether Congress has the power to rein in presidential power related to national security. In afor a 2004 Supreme Court case, Thomas wrote that the Constitution gives the president “primary responsibility” over national security and foreign policy. “This Court… has accordingly held that the President has constitutional authority to protect the national security and that this authority carries with it broad discretion,” Thomas wrote. “Congress, to be sure, has a substantial and essential role in both foreign affairs and national security. But it is crucial to recognize that judicial interference in these domains destroys the purpose of vesting primary responsibility in a unitary executive.”, a former Reagan administration staffer, clerk for Justice Antonin Scalia, and cofounder of the powerful conservative group the Federalist Society — argues that the president has limitless power over the executive branch and total control over the military.on how Leo-connected dark money operations have helped billionaires, fossil fuel empires, and arms dealers quietly fund influential anti-Muslim think tanks advocating for war in Iran.The devastating American and Israeli attacks have killed hundreds of Iranians, and the death toll continues to rise.It’s up to us to report the truth, demand accountability, and reckon with the consequences of U.S. militarism at this cataclysmic historical moment. Trump may be an authoritarian, but he is not entirely invulnerable, nor are the elected officials who have given him pass after pass. We cannot let him believe for a second longer that he can get away with something this wildly illegal or recklessly dangerous without accountability.Share via Twitter This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.David Sirota is a best-selling author whose upcoming book ‘Back to Our Future’ will be released in March of 2011. He hosts the morning show on AM760 in Colorado.Truthout is working overtime to bring you the latest on Iran. In deep opposition to Trump's militarism, we are producing media of truth and accountability in this moment of crisis. We ask for your support. Please make a tax-deductible donation today.
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