Who is right? What did Trump actually do? Whatever he did, TPOL’s bottom line is “A POX ON BOTH THEIR HOUSES!”
Many Democrats, and many libertarian (and Libertarians) have declared that The Donald ordering the attack on Iran last weekend was “unconstitutional” and/or “illegal” or just plain “wrong.” So let us here at TPOL throw some more wood on the fire.
For everyone saying the Limited Military Operation in Iran is “Unconstitutional,” we agree.
The problem is the 1973 War Powers Act. It was designed to curb Nixon’s “Imperial Presidency.” (Look it up.) That act of Congress allows an Executive to (a) commit troops/military action without either (i) a Declaration of War from Congress, or (b) any other sort of “Authority” from Congress; (b) provided the President informs Congress within 48 hours of taking the action, and (b) provided the actions are limited to 60 days without Congressional approval. (Up to 90 days if American troops need more time to ensure their own (relative) safety.)
TPOL submits that the War Powers Act is itself unconstitutional: it wrongly transfers powers from Congress to the Executive Branch. It can and have created major problems. This is not the first time.
The last “real War” declared was WW2, after the attack on Pearl Harbor. Congress has given War Power Authorizations multiple times and since WW2 there’s been hundreds of Military Actions across the World. So you can scream UNCONSTITUTIONAL all day long. But Congress has, for more than 50 years, has ignored the Constitution. Without any action taken or even seriously tried to end this wrong. So, in the eyes of the judicial system and a majority of Congress (and the American States and people) the President has the authority.
Recent posts have provided a couple of graphics that help explain this is NOT a Trump problem, NOT a Democratic problem, and not a Republican problem. They all, they ALL, must be blamed for doing things the wrong way.
Consider these. Please note that TPOL does not necessarily agree with everything in here.
We point out that this ignoring of the Constitution began long before Richard Nixon or Gerald Ford. But as pointed out in a recent commentary, the growing fragmentation of Americans (and our politics, society, and more) makes this even more of a problem.
Follower of Christ Jesus (a christian), Pahasapan (resident of the Black Hills), Westerner, Lover of Liberty, Free-Market Anarchist, Engineer, Army Officer, Husband, Father, Historian, Writer, Evangelist. Successor to Lady Susan (Mama Liberty) at TPOL.
The Price of Liberty 
Iran, war, and the FedGov (anyone remember the Constitution?)
Who is right? What did Trump actually do? Whatever he did, TPOL’s bottom line is “A POX ON BOTH THEIR HOUSES!”
Many Democrats, and many libertarian (and Libertarians) have declared that The Donald ordering the attack on Iran last weekend was “unconstitutional” and/or “illegal” or just plain “wrong.” So let us here at TPOL throw some more wood on the fire.
For everyone saying the Limited Military Operation in Iran is “Unconstitutional,” we agree.
The problem is the 1973 War Powers Act. It was designed to curb Nixon’s “Imperial Presidency.” (Look it up.) That act of Congress allows an Executive to (a) commit troops/military action without either (i) a Declaration of War from Congress, or (b) any other sort of “Authority” from Congress; (b) provided the President informs Congress within 48 hours of taking the action, and (b) provided the actions are limited to 60 days without Congressional approval. (Up to 90 days if American troops need more time to ensure their own (relative) safety.)
TPOL submits that the War Powers Act is itself unconstitutional: it wrongly transfers powers from Congress to the Executive Branch. It can and have created major problems. This is not the first time.
The last “real War” declared was WW2, after the attack on Pearl Harbor. Congress has given War Power Authorizations multiple times and since WW2 there’s been hundreds of Military Actions across the World. So you can scream UNCONSTITUTIONAL all day long. But Congress has, for more than 50 years, has ignored the Constitution. Without any action taken or even seriously tried to end this wrong. So, in the eyes of the judicial system and a majority of Congress (and the American States and people) the President has the authority.
Recent posts have provided a couple of graphics that help explain this is NOT a Trump problem, NOT a Democratic problem, and not a Republican problem. They all, they ALL, must be blamed for doing things the wrong way.
Consider these. Please note that TPOL does not necessarily agree with everything in here.
We point out that this ignoring of the Constitution began long before Richard Nixon or Gerald Ford. But as pointed out in a recent commentary, the growing fragmentation of Americans (and our politics, society, and more) makes this even more of a problem.
Share this:
About TPOL Nathan
Follower of Christ Jesus (a christian), Pahasapan (resident of the Black Hills), Westerner, Lover of Liberty, Free-Market Anarchist, Engineer, Army Officer, Husband, Father, Historian, Writer, Evangelist. Successor to Lady Susan (Mama Liberty) at TPOL.