MamaTexan responds:
When America has been attacked by another nation, not by a bunch of lunatic adherents to a perverted cult.
Government derives its power from the people, yet,as individuals, we have no right to interfere with someone else's business.
If we, as individuals do not possess that right of interference, where did the government get it from?
Good reasoning.
Does Congress have the power to authorize:
"- The War Powers Act of 1973 -" which gives Presidents the authority to order troops to battle without even gaining authorization from congress, -- anytime America has been attacked?
Certainly, we can all agree any president has that power in an emergency, -- correct?
But can wars or 'police actions' be fought for years on this basis?
-- That's the constitutional question.
In response, I give you:
William Rawle, A View of the Constitution, 1829
But it must be remembered, that we may be involved in a war without a formal declaration of it. In the year 1800, we were engaged in a qualified, but public, war with France; qualified, because it was only waged on the high seas--public, because the whole nation was involved in it. It was founded on the hostile measures authorized by congress against France, by reason of her unjust aggressions on our commerce--yet there was no declaration of war. In such a war we may also be involved by the conduct of the executive, without the participation of the legislature. The intercourse with foreign nations, the direction of the military and naval power, being confided to the president, his errors or misconduct may draw hostilities upon us. No other restraint appears to exist, than that of withholding the supplies to carry it on, which indeed congress can in no case grant beyond the term of two years.
I respectfully submit that the only time a war can be initiated by the President of the United States without the authorization of Congress is if that war is conducted on the high seas, and the fact the action in 1800 was directly related to the nation's commerce, as per Article I, Section 8 Clause 3.
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What say you?
So long as congress continues to provide “advice and consent”, the constitutional answer is yes. Point me to the constitutional language that says otherwise?
Boy, is my face red.
(Note to self, don't try to research one thing and post on another)
LOL!
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Anyway, regarding your post:
Certainly, we can all agree any president has that power in an emergency, -- correct?
An authority, yes, but not a carte-blanche one.
The defensive measure of repelling an invasion, yes.
The arbitrary trespass on another sovereign nation who happens to be home to a lunatic cult? No.
The country they were in should have been left to deal with them, although we could have legitimately sanctioned that country by law.
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But can wars or 'police actions' be fought for years on this basis?
Aside the fact the question of the constitutionality of 'police-actions', Congress controls funding on a two year basis.
IMHO, as long as they agree to the funding, there would be no limit.