Posted on 11/23/2015 10:23:13 AM PST by Perseverando
Just after the Paris terror attacks last week, I wrote about how I thought they could go down in history as the catalyst that coalesced countries in the West and beyond into a World War III. Since then, other nationsâ responses and increased terror attacks have only confirmed that weâve entered into an unprecedented time in human history and war.
Pundits and politicians on both sides of the aisle criticize both the U.S. Congress and President Obama for not officially doing more to fight ISIS. Constitutionally speaking, as commander in chief of the armed forces, the president has the power to repel invasions. But the Framers of the Constitution bestowed the power to declare war upon Congress, unless it comes to invasionâ like how the FBI has recently warned us that ISIS has presence in all 50 states of our union?
Dr. John Yoo, professor of law at the University of California-Berkley, explained for the Heritage Foundation, âAdvocates of congressional power contend that the president cannot initiate hostilities because the Constitution expressly vests the power to âdeclare Warâ in Congress. In support of that view, they note that, according to his notes from the Constitutional Convention, James Madison successfully advocated that Congress be given the power, not to âmakeâ war but to âdeclareâ war, to âleav[e] to the Executive the power to repel sudden attacks.â In 1862, the Supreme Court opined that the president âhas no power to initiate or declare a war,â but if there were an invasion, âthe president is not only authorized but bound to resist force by force ⦠without waiting for any special legislative authority.â Prize Cases (1863).â
(Excerpt) Read more at wnd.com ...
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