Posted on 09/05/2017 3:03:27 PM PDT by 2ndDivisionVet
The American Civil Liberties Union (ACLU) warned President Trump on Tuesday that only Congress can authorize a military strike on North Korea, as tensions with Pyongyang continue to escalate.
“The American Civil Liberties Union strongly urges you to uphold the Constitution, and the fundamental principle of separation of powers, by recognizing the sole authority of Congress to declare war — and to refrain from the use of force against North Korea in the absence of explicit congressional authorization for the use of force,” the group wrote in a letter to Trump on Tuesday.
“This drumbeat of threats over the past several weeks has raised concerns across the country about whether you will abide by the check on the president’s power that is fundamental to the Constitution’s separation of powers on war authority.”
The letter cites a number of comments Trump has made over the past month about North Korea after the country test-fired intercontinental ballistic missiles and carried out its sixth nuclear test.
On Sunday, the most recent nuclear test proved to be its most powerful to date. Pyongyang claimed the detonation successfully tested a hydrogen bomb that could be loaded onto an intercontinental ballistic missile.
After the test, Trump said “we’ll see” when asked whether the United States would attack North Korea.
Defense Secretary James Mattis also warned Sunday that any threats to the United States or its allies would be met with a “massive military response.”
In August, Trump threatened to bring “fire and fury” upon North Korea and tweeted that military options were “locked and loaded.”
In its letter, the ACLU, which said it “does not take a position on whether military force should be used against North Korea,” highlighted the constitutional authority delegated to Congress to declare war, along with quotes from several framers about the congressionasl role in declaring war.
The group also argued that military action against North Korea would violate international law absent a U.N. Security Council resolution authorizing it.
“The Congress, as representatives of the American citizenry, has exclusive authority under the Constitution to decide whether the president may use military force,” the letter concluded. “Particularly in the wake of your recent threats of military action against North Korea — with allusions to the possible use of nuclear weapons against another country for the first time since World War II — we urge you to make clear that you will refrain from use of force outside the scope of the Constitution and the law.”
So they say? And when has a president needed congress to approve military action? And as we are already ‘at war’ with Korea since the 1950s, just paused with an armistice, isn’t there already direct, longstanding congressional approval and funding for war with North Korea. ACLU should redirect its efforts to gain equal recognition and protection of the 2nd amendment, make it equal to 1st.
What does Ruth Buzzi Ginsberg say?
Total BS.
Aren’t we still technically at war with N. Korea?
Congress should go ahead and reaffirm, to give Trump any leverage he needs. It makes sense after this many years of cease fire.
Incorrect.
My reaction exactly. I don’t recall the ACLU advising FDR (WW II) Truman (Korea) Kennedy (Vietnam) or Bush 41 and 43 on the constitutional limits of Presidential Power.
ACLU seems not to care about the First Amendment anymore but rather immigrants rights, affirmative action and now war powers.
Must be a new rule. The ACLU makes up a lot of new “constitutional” rules. They have a lot of time on their hands from never ever defending the 2nd amendment.
No you stupid twits.
The office of the President is the commander in chief of the armed forces. Period.
Only congress can declare war (more to the point only congress can FUND a war) but constitutionally and legally - the president is under control of when and where our military strikes.
And it´s not a “civil liberties” issue.
I´m not even a lawyer and I KNOW that!
they’ll sue.
She's consulting her combination Mezuzah and Magic Eight Ball right now.
May, the first NORK Missile hit the ACLU.
Or Eric Holder?
Busy!! :)
POS
I once read, and it made sense, that the last thing either the Executive or Legislative branches want is a SCOTUS decision on the War Powers Act. Both branches are afraid of losing such a case.
And what the hell does this have to do with “American Civil Liberties”?
The ACLU should tax-exempt status looked into. Legally, of course.
Really? Where were they when obumber took out Gaddafi under they guise of a no-fly zone?
We are technically still at war. We are facing nuclear attack and these SOW’s are all of a sudden all Constitutional? Dipsh*ts need to look at Libya,Syria and Ukraine among other countries. FUACLU!. The ACLU is pathetic and should take American from its name.
We should be so lucky.
So let me get this straight, congress is to authorize a declaration of war and send it to the president for his signature? And at the same time, the Norks, who have moved hydrogen-bomb-armed missiles to their west coast, send a volley of ICBMS targeting San Diego, Los Angeles, and San Francisco. Trump then can, with good conscience, obliterate North Korea and turn to rebuilding and repopulating our devastated cities and environs.
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