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re: On the surface it seems the War Powers Resolution of 1973 is unconstitutional.

Posted on 6/24/25 at 9:19 am to
Posted by boosiebadazz
Member since Feb 2008
84207 posts
Posted on 6/24/25 at 9:19 am to
quote:

I think its pretty clear.

There is a declaration of war that thrusts our entire nation into war mode. That introduces a lot of powers to be able to conduct the war effort.


Then there is the protection of American interests and people. For good reason, the president has powers to act to defend those without plunging the USA into war.


An example of that would be our troops located outside the USA being attacked. Are they to do nothing until congress declares war? Not at all.


Thats the main difference. At issue is the population not grasping the difference between a war and protecting interests.


But where is the originalist support for this position?

Another read is Congress has the sole power to begin or respond to hostilities (as war is but an extension of politics and should therefore be decided by the representative political branch) but the president, as Commander-in-Chief, is then in charge of directing troops in theater (as that is the more efficient way to conduct war rather than through the legislative branch).

And now that we’re full of originalists, we’ll need historical support for either position.
This post was edited on 6/24/25 at 9:21 am
Posted by dafif
Member since Jan 2019
7827 posts
Posted on 6/24/25 at 9:21 am to
quote:

IDK why this thread seems like it's leaning political one way or another.


It's not about politics it's about lack of intelligence although most of your political posting has gone off the rails this is different

You cite multiple court cases and not one made it a constitutional decision. Because it is not it's a separation of powers issue between 2 branches of government
Posted by Willie Stroker
Member since Sep 2008
15536 posts
Posted on 6/24/25 at 9:22 am to
quote:

With that said is seems the War Powers Resolution of 1973 is in direct violation of Article I, Section 8, Clause 11, which grants Congress the sole power to declare war.

Is declaring war different from military intervention? Surgical strikes? Kinetic military engagements?
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
22080 posts
Posted on 6/24/25 at 9:24 am to
quote:

I'm pretty sure it's 60 days.


It is 60 days extendable to 90 days. So, you are both right
Posted by Flats
Member since Jul 2019
26763 posts
Posted on 6/24/25 at 9:24 am to
quote:

That’s because you are giving no context as to the actual reason behind the post. The OP insinuates that you think Trump bombing Iran is unconstitutional.


Think about what you’re saying.
Posted by JellyRoll
Member since Apr 2024
1396 posts
Posted on 6/24/25 at 9:25 am to
quote:

Not sure what happened to the old gumbo but recent posting is just abysmal




He hates Jews, and Trump is helping them. Feels he has been betrayed because Trump doesn't hate the Jewish people like he does.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
18842 posts
Posted on 6/24/25 at 9:25 am to
quote:

But where is the originalist support for this position?

Another read is Congress has the sole power to begin or respond to hostilities (as war is but an extension of politics and should therefore be decided by the representative political branch) but the president, as Commander-in-Chief, is then in charge of directing troops in theater (as that is the more efficient way to conduct war rather than through the legislative branch).

And now that we’re full of originalists, we’ll need historical support for either position.
That is the legal position.

This is a political question.

Reverse this from a political standpoint....

Since 2015 Trump has stated that Iran getting a nuke 'can't happen' and it was in the US security interests to stop it.

Congress had a decade to legislate that.

They didn't. Silence was their answer.
Posted by prouddawg
Member since Sep 2024
6668 posts
Posted on 6/24/25 at 9:30 am to
quote:

If missiles are launched at the USA from China, do you think that the president should have to go to Congress to get permission to launch our nukes?



I have supported the President striking foreign countries without congressional approval on every occasion that said foreign countries have bombed US soil
Posted by AC1221
Member since May 2025
84 posts
Posted on 6/24/25 at 9:31 am to
Agreed.

Changes to the WPR, though, still won't negate the presidents CIC and foreign affairs authority under article II.

Posted by omegaman66
greenwell springs
Member since Oct 2007
26240 posts
Posted on 6/24/25 at 9:34 am to
quote:

I have supported the President striking foreign countries without congressional approval on every occasion that said foreign countries have bombed US soil


What about if they killed American citizens overseas?
Posted by bluedragon
Birmingham
Member since May 2020
8883 posts
Posted on 6/24/25 at 9:42 am to
Killing Americans overseas? Where should Obama be housed?


So Congress has no power here ....

Congress leaks worse than the Titanic. I wouldn't give them a cookie recipe.
Posted by Bandit1980
God's Country
Member since Nov 2019
4410 posts
Posted on 6/24/25 at 9:42 am to
Is John Kerry still in Iran? You know, representing the Great Dem Party?
Posted by omegaman66
greenwell springs
Member since Oct 2007
26240 posts
Posted on 6/24/25 at 9:48 am to
quote:

Killing Americans overseas? Where should Obama be housed?


So Congress has no power here ....

Congress leaks worse than the Titanic. I wouldn't give them a cookie recipe.


Obama six feet under. Agree with your congress statement.

But why you questioning me about killing americans over seas? I was responding to someone that basically said until they bomb the USA he doesn't support bombing them.
Posted by Nosevens
Member since Apr 2019
16935 posts
Posted on 6/24/25 at 9:50 am to
When has the left ever had trouble defining words?
Depends on the meaning of what “is” is- Bill Clinton
Supreme Court Justice, can’t define what a woman is-KJB.
And these are their best
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:54 am to
quote:

He hates Jews


I don't hate Jews. I have Jewish relatives and I love them.

I hate how much foreign countries drive our foreign policy.

The issue is, so many of y'all conflate the ruling party politics in Israel with ethnic and religious Jews.

THEY. ARE. NOT. THE. SAME.

They can be the same but in general they are not the same. In fact, some of the most vociferous voices against Bibi's current policies and DC politicians that go along with him are Jewish.
This post was edited on 6/24/25 at 10:15 am
Posted by JellyRoll
Member since Apr 2024
1396 posts
Posted on 6/24/25 at 9:55 am to
That's like saying i'm not racist, my butler is black
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:56 am to
quote:

That's like saying i'm not racist, my butler is black


No, it's like saying I want regime change in Israel by voting Bibi out.
Posted by TenWheelsForJesus
Member since Jan 2018
10186 posts
Posted on 6/24/25 at 9:58 am to
quote:

The D.C. Circuit dismissed the case, ruling it a non-justiciable political question, as Congress had implicitly authorized the action by funding it, despite the Resolution stating funding does not constitute authorization.


This is bullshite and just shows how judges make up the law. "You explicitly said it didn't provide authorization, but I'm going to ignore that and make up some dumb shite about you implicitly authorizing it."

It's no different than all the terrible judges that upheld birthright citizenship despite explicit statements by the writers that it didn't apply to illegals. These judges need to be hanged for trying to create law.
Posted by tatervol
Lexington, TN
Member since Nov 2008
2194 posts
Posted on 6/24/25 at 10:03 am to
quote:

Article II states that the president has the power to order the use of military force against attacks, ANTICIPATED ATTACKS, or to ADVANCE OTHER IMPORTANT NATIONAL INTERESTS.



People will really just put outright lies on the internet without a 2nd thought.

The actual text is

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment“
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
71352 posts
Posted on 6/24/25 at 10:05 am to
quote:


Think about what you’re saying.


I am. It was a pretty simple post. Not sure what you aren't able to understand.
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