Interesting Times
Trump's Syria airstrikes: constitutional or not?
By Lauren Carroll on Friday, April 7th, 2017 at 5:49 p.m.
http://www.politifact.com/truth-o-meter/article/2017/apr/07/trumps-syria-airstrikes-constitutional-or-not/
( Read more... )
Whether it was constitutional for Trump to carry out these airstrikes in Syria without congressional approval is not an easy question to answer — especially because the Trump administration has not yet made public its own legal justification. We asked the Trump administration, and we’ll update this post if we hear back.
The Constitution says Congress has the power to declare war, but throughout the past 70 years or so, presidents have adopted a flexible view of their own constitutional role as commander-in-chief in order to engage in military action without congressional approval.( Read more... )
War powers evolution
For most of American history, the consensus view among politicians and legal scholars was that the Founding Fathers meant for Congress to have the "sole authority" in deciding to initiate any hostilities or war with another country.( Read more... )War Powers Resolution. The resolution required that, in the absence of a war declaration, the president must report to Congress within 48 hours of introducing armed forces into hostilities and must remove forces within 60 days unless Congress permits otherwise.
As of this writing, Trump is still within the 48-hour window to notify Congress and seek their approval.
( Read more... )Trump said then that Obama shouldn’t attack Syria, but if he does he needs congressional approval first.
"The President must get Congressional approval before attacking Syria - big mistake if he does not!" Trump tweeted Aug. 30, 2013.
By Lauren Carroll on Friday, April 7th, 2017 at 5:49 p.m.
http://www.politifact.com/truth-o-meter/article/2017/apr/07/trumps-syria-airstrikes-constitutional-or-not/
( Read more... )Whether it was constitutional for Trump to carry out these airstrikes in Syria without congressional approval is not an easy question to answer — especially because the Trump administration has not yet made public its own legal justification. We asked the Trump administration, and we’ll update this post if we hear back.
The Constitution says Congress has the power to declare war, but throughout the past 70 years or so, presidents have adopted a flexible view of their own constitutional role as commander-in-chief in order to engage in military action without congressional approval.
( Read more... )War powers evolution
For most of American history, the consensus view among politicians and legal scholars was that the Founding Fathers meant for Congress to have the "sole authority" in deciding to initiate any hostilities or war with another country.
( Read more... )War Powers Resolution. The resolution required that, in the absence of a war declaration, the president must report to Congress within 48 hours of introducing armed forces into hostilities and must remove forces within 60 days unless Congress permits otherwise.As of this writing, Trump is still within the 48-hour window to notify Congress and seek their approval.
( Read more... )Trump said then that Obama shouldn’t attack Syria, but if he does he needs congressional approval first."The President must get Congressional approval before attacking Syria - big mistake if he does not!" Trump tweeted Aug. 30, 2013.