• 2 Posts
  • 588 Comments
Joined 2 years ago
cake
Cake day: September 12th, 2023

help-circle
  • The only military actions Biden did in those years were “one and done” and thus there was nothing Bernie (or the GOP) could do. Ignoring the Afghanistan shit-sandwich Mango handed him to deliver which very definitely had been passed through congress.

    Somalia 2021 - missile strikes over in a day and no further action, 2022 strike on Ayman al-Zawahiri one off drone hit.

    Those aren’t ongoing so the most you could do is a grandstanding slap on the wrist “bad president” in some form of legislation that the President is just going to veto. You can’t pass a law telling him to stop doing it when it’s already been done.


  • That is how it’s been interpreted, it’s not actually what the founders had in mind when they wrote the constitution. They wanted congress to be a check on the presidents ‘commander in chief’ role by reserving the right to declare war for congress.

    Agreed, the founding fathers definitely didn’t want a king who could wage war at his whim, but unfortunately the constitution as drafted didn’t envisage a standing army under the bidding of the President, it expected militias to be levied for defense as required.

    It’s still technically illegal for the president to do that (which means squat thanks to the SCOTUS) but he can be challenged through the courts for it.

    Kinda but not really. Something is only illegal if it is within the powers of the lawmaker to bind in that way. If the constitution doesn’t provide that power then it is ultra vires and as if the law didn’t exist. Unfortunately the constitutionality of the 1973 act is definitely questionable - I listed more in another response but

    https://en.wikipedia.org/wiki/War_Powers_Resolution#Questions_regarding_constitutionality

    and

    https://en.wikipedia.org/wiki/Campbell_v._Clinton





  • While offensive war is definitely wrong (I don’t personally think defending yourself is wrong however, although some will differ), none of the undeclared wars that the US has been in since WW2 have been illegal under the laws of the United States.

    POTUS has the right to send in troops, Congress has the right to declare a war but if they don’t declare war that doesn’t change the fact that the POTUS is legally allowed to send troops in, particularly for UN peace keeping (ie Korea, Former Yugoslavia), but even in the absence of an international umbrella.

    As per post above the US president can defacto start and run a war until congress turns off the financial taps or impeaches him, only they can declare a war, and they don’t like doing that, hence the last 80 years of defacto but undeclared wars


  • thanksforallthefishtoMicroblog Memes@lemmy.worldpresident of peace everybody
    link
    fedilink
    English
    arrow-up
    35
    arrow-down
    3
    ·
    edit-2
    22 hours ago

    Yeah unfortunately that is not actually the way the law is written Bernie. Wish it was.

    Short version, the president gets to deploy the military where ever he wishes (outside the US, posse comitatus etc). That includes invading a sovereign nation or raining missiles down on one.

    Only congress has the power to declare a war, but the Potus gets to defacto kick off the war and then dare congress not to back him.

    After it was either 60 or 90 days, I forget, congress gets to “review” the decision, the problem is they have no power other than financial if they wish to stop the war. So the only thing they can do is turn off the finances to the military, and wait for the money to run out - which is generally up to a year. They have no way of forcing the president to desist other than impeachment or cutting off the funds.

    They can pass a motion, or even legislation, which the Prez can then veto, pointless. If they can muster the 2/3rds of congress they can remove him via impeachment.

    Edit, spelling correction and to note that I can pull out the full details if needed - was discussed heavily on reddit a while ago