dChan - Q Origins Project Archive

War Powers

Article 1, Section 8, clause 11 - gives Congress power to declare war (used 5 times)

War Powers Resolution (1973)- expands power to send troops overseas only by declaration of war by Congress, "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

-President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a Congressional authorization for use of military force (AUMF) or a declaration of war by the United States.

48 hour notification requires A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement.

Who’s violated War Powers Resolution Act?

Bill Clinton-1999 Kosovo-60 days requirement

Obama/Hillary 2011 Libya-60 days by stating there were no “hostilities” therefore ok to continue air strikes

Trump - Syria 2017 -AUMF stating national security at risk and acted to “stop the use and proliferation of chemical weapons, presumably for both regional security and humanitarian reasons.”

Use of Military Force ("AUMF") Act passed in 2001. Obama against terrorist groups including ISIS, not the Assad regime

President Harry S. Truman ordered US forces into combat in Korea; President Ronald Reagan ordered the use of military force in, among other places, Libya, Grenada and Lebanon; President George H.W. Bush directed an invasion of Panama to topple the government of Manual Noriega; and President Barack Obama used air strikes to support the ouster of Moammar Gadhafi in Libya.

SCOTUS is quiet on this debate. Scholars reason that the President does not need Congress's specific approval before using force in (1) self-defense; (2) non-combat roles; or (3) situations in which Congress has provided more general advance authorization, such as in support of UN-authorized operations.

Today, the 3 Amigos (Bernie Sanders (I-Vt.), Mike Lee (R-Utah), and Chris Murphy (D-Conn.)), introduced a joint resolution to revoke AUMF.

This is in response to Trump’s support of SA’s war in Yemen and

www.prnewswire.com/news-releases/us-senate-takes-first-step-toward-reclaiming-war-powers-from-executive-branch-300606248.html

www.dailymail.co.uk/wires/afp/article-5447773/Senators-force-vote-US-involvement-Yemen-war.html

www.responsibleforeignpolicy.org/reasserting-congress-article-i-powers/

What is Bernie and company up to?

Deadline is March 9, 2018

SA-Yemen war is expensive. Prince MbS wants to turn corner and focus on vision 2030, not ongoing civil war with Yemen.

wamc.org/post/why-saudi-arabia-suddenly-shaking-its-military

History and perspective www.thehindu.com/opinion/lead/saudi-arabias-war-in-yemen/article7167430.ece#!