All Posts Tagged With: "presidential war powers"
The Sovereign Presidency: Is This What the Framers Had in Mind?
American government under the Constitution was supposedly meant to work as follows: Congress, staying within delegated powers and the Bill of Rights, passes laws; the president executes the laws; and the courts sort out ensuing wrangles. This plan ran aground rather early—the 1798 Alien and Sedition Acts, for example—which raises at least two possibilities: 1) [...]
1Jan2007 | Joseph R. Stromberg | 9 comments | ContinuedWartime Executive Power: Are Warrantless Wiretaps Legal?
Robert Levy is a senior fellow in constitutional studies at the Cato Institute. This article is drawn from his testimony before the Senate Judiciary Committee, February 28, 2006. President Bush has authorized the National Security Agency (NSA) to eavesdrop, without obtaining a warrant, on telephone calls, e-mails, and other communications between U.S. persons in the [...]
1Aug2006 | Robert A. Levy | 1 comment | ContinuedThe Constitution According to George Bush
White House lawyers have reportedly told President George W. Bush that he doesn’t need congressional authority to go to war. For political reasons, the President says he will seek “congressional support for U.S. action” in Iraq. But will he agree to be bound by a no vote? If not, his request is meaningless. The Constitution [...]
1Dec2002 | Doug Bandow | 0 comments | ContinuedOnly Congress Can Declare War
The Bush administration has been looking at other potential military targets almost since the war in Afghanistan started. But should the President decide he wants to expand the war, he should get legislative approval. After September 11 Congress authorized President Bush to retaliate against any “nations, organization, or persons” he determined to be involved in [...]
1Oct2002 | Doug Bandow | 3 comments | ContinuedAnything to Declare?
“The Congress shall have Power To . . . declare War. . . .”—U.S. Constitution, Article I, Section 8 That brief phrase seems to have vanished from the national memory in the wake of the atrocities of September 11. If the terrorists really intended to assault the American tradition of freedom under law, score one [...]
1Jan2002 | Sheldon Richman | 0 comments | ContinuedImmoral, Unconstitutional War
David Mayer is professor of law and history at Capital University in Columbus, Ohio. He is the author of The Constitutional Thought of Thomas Jefferson (University of Virginia Press). The United States has no vital interests at stake in Yugoslavia; the conflict there is the kind of European war that Americans should avoid if we [...]
1Jul1999 | David N. Mayer | 1 comment | ContinuedBalkans Bungling: Why Only Congress Can Declare War
When the U.S. attacked Yugoslavia earlier this year, it inaugurated war against another sovereign state that had not attacked or threatened America or an American ally. The President, and the President alone, made the decision. The constitutional requirement that only Congress shall declare war is obviously a dead letter.
1Jun1999 | Doug Bandow | 0 comments | Continued-
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