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Republican Senator Questions Trump’s Authority to Attack
WSJ ^ | Jan 3 | David S. Cloud

Posted on 01/03/2026 3:42:56 AM PST by RandFan

In an early sign of congressional concern about the U.S. operation, Republican Sen. Mike Lee of Utah questioned President Trump's authority to use the military in Venezuela without authorization from Congress.

"I look forward to learning what, if anything, might constitutionally justify this action in the absence of a declaration of war or authorization for the use of military force," he said in a social-media post.

(Excerpt) Read more at wsj.com ...


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It's not Rand for once!!

Sen. Mike Lee of Utah

What timing for me to come back from a break...

1 posted on 01/03/2026 3:42:56 AM PST by RandFan
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To: RandFan
What timing for me to come back from a break...

You must be disappointed Maduro can no longer export drugs, felons, and voter fraud to the US.

2 posted on 01/03/2026 3:46:15 AM PST by Right_Wing_Madman
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To: RandFan

There was no attack. The FBI had served an arrest warrant, and the military was required for their protection.


3 posted on 01/03/2026 3:53:08 AM PST by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
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To: RandFan

Trump only has 3 years left in office. He doesn’t have time to wait for Congress to approve.


4 posted on 01/03/2026 3:54:27 AM PST by EandH Dad (sleeping giants wake up REALLY grumpy)
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To: Psalm 73

Here is hoping Elissa Slotkin is next.


5 posted on 01/03/2026 3:54:39 AM PST by Kudsman (47 is making things right again. )
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To: RandFan
""I look forward to learning what, if anything, might constitutionally justify this action in the absence of a declaration of war or authorization for the use of military force,""

I see nothing wrong with that statement except for its being made by a man in a position where he should've known that already.
6 posted on 01/03/2026 3:59:33 AM PST by equaviator (Nobody's perfect. That's why they put pencils on erasers!)
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To: EandH Dad

They’ll likely be too busy impeaching him, anyway.


7 posted on 01/03/2026 4:00:58 AM PST by gundog (The ends justify the mean tweets. )
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To: RandFan

I believe the War Powers Act is considered a bit “iffy” as to its Constitutionality — but even under the WPA, the Commander in Chief can authorize use of the military for 60 days in the event of an attack on the US. Certainly Trump would argue that the Venezuelan cartels have been attacking the US with drugs for many years.


8 posted on 01/03/2026 4:07:13 AM PST by ClearCase_guy (Democrats seek power through cheating and assassination. They are sociopaths. They just want power.)
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To: RandFan

Did Republican Sen. Mike Lee of Utah get permission to give nearly every tech job in the US to invading Indians?


9 posted on 01/03/2026 4:09:01 AM PST by jroehl (And how we burned in the camps later - Aleksandr Solzhenitsyn - The Gulag Archipelago)
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To: ClearCase_guy

It’s tenuous in my opinion and will it hold up in court?

This Maduro cannot set foot on US soil the lawyers will have a field day. He’s going to gitmo


10 posted on 01/03/2026 4:09:12 AM PST by RandFan
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To: RandFan

This was obviously unconstitutional since Congress and the Judicial Branch were asleep during the raid.

Lol.


11 posted on 01/03/2026 4:10:37 AM PST by cgbg ("Your identity is how power treats you.")
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To: ClearCase_guy
Certainly Trump would argue that the Venezuelan cartels have been attacking the US with drugs for many years.

It would be like Pablo Escobar taking control of Colombia.

12 posted on 01/03/2026 4:13:37 AM PST by MinorityRepublican
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To: EandH Dad

Good point!


13 posted on 01/03/2026 4:14:50 AM PST by Fresh Wind (I voted for Trump the Fighter, not a wussified wimp!)
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To: Kudsman

I don’t know if any civilians working for the military right now are earning wartime pay but if they are it should be on their pay stubs.


14 posted on 01/03/2026 4:16:33 AM PST by equaviator (Nobody's perfect. That's why they put pencils on erasers!)
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To: RandFan
Mike Lee's statement on Twitter

-PJ

15 posted on 01/03/2026 4:17:16 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: RandFan

Mike Lee (R-Mumbai). Sen H1B should go back and read the War Powers Act.


16 posted on 01/03/2026 4:35:24 AM PST by HYPOCRACY (Wake up, smell the cat food in your bank account. )
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To: Right_Wing_Madman
You must be disappointed Maduro can no longer export drugs, felons, and voter fraud to the US.

Mike Lee is not "disappointed," he is, along with Ted Cruz, the leading constitutional scholar in the United States Senate who is properly concerned about the essential constitutional architecture of the nation. How far does the authority of the president to engage in war extend? Where does the authority of Congress begin?

The Constitution is explicit, the president is the commander-in-chief but only Congress can declare war. The funding of war must be the product of an act of Congress, consented to by the president, or overridden by a supermajority of Congress in the event of a veto by the president.

The Constitution was drafted and ratified in the age of sail yet we live, or die, today under the threat of hypersonic nuclear missiles. So the framers drafted an instrument at a time when questions of war could be decided deliberately because there was time. Today we have no time, that is why officers dog the footsteps of the Present of the United States with the nuclear "football."

Mike Lee is not a fool, he knows the real-time practical value of smoking Maduro and replacing him with the Nobel Peace Prize winner. His vision runs farther and extends deeper.

This issue has occurred and reoccurred several times since the 2nd world war. Harry Truman fought the Korean War without a declaration as a "police action." Lyndon Johnson contrived the Tonkin Gulf resolution to cloak his ill conceived war in Vietnam.

An angry Congress passed the so-called War Resolution Act of 1973, requiring the president to consult with Congress, report to Congress within 2 days of the action and potentially withdraw within 60 days.

So the Congress passed this law over Nixon's veto, a law that has been complained about by every president since then, but observed with varying fidelity by many of them. Obviously, non-constitutional legislative compromise is an attempt to align the Constitution with the technological realities of the 20th and now the 21st century.

Every kinetic action by a president creates a precedent, so Mike Lee is more than justified; he should be applauded for framing the issue so that it is openly debated in a constitutional democracy. We are setting precedents now that should be thoughtfully made. We are, after all, about our business, we are a constitutional conservative forum.


17 posted on 01/03/2026 4:36:24 AM PST by nathanbedford (Attack, repeat, attack! - Bull Halsey)
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To: nathanbedford
An angry Congress passed the so-called War Resolution Act of 1973

You and RandFan should take the War Resolution Act to the Supreme Court. They've never decided on the constitutionality of the law.

By the way, Obama violated the 60+30 day provision of the War Resolution Act by bombing Syria his entire his second term. I think this is why Trump (who you don't like) wanted quick action against Maduro, to stay within the limits of his authorization.
.
18 posted on 01/03/2026 4:48:57 AM PST by Right_Wing_Madman
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To: ClearCase_guy

I think this may have more to do with election interference.


19 posted on 01/03/2026 4:52:14 AM PST by vivenne (7Come to think of it. Fact)
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To: nathanbedford
I don't think President Trump needs Congressional approval. There was already an indictment of Maduro filed in federal court.

United States Attorney's Office - Southern District of New York (March 26, 2020): Manhattan U.S. Attorney Announces Narco-Terrorism Charges Against Nicolas Maduro, Current And Former Venezuelan Officials, And Farc Leadership

President Trump was executing an arrest warrant.

-PJ

20 posted on 01/03/2026 4:53:36 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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