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Rand Paul: Congress Moves To Give The President Unlimited War Powers
theamericanconservative.com
In the near future, Congress will debate a new Authorization for Use of Military Force (AUMF). I use the word “debate” lightly. So far, no hearings have been scheduled, and no testimony is likely to be heard unless something changes. That’s a shame, because this is a serious matter, and this is a deeply flawed AUMF.
For some time now, Congress has abdicated its responsibility to declare war. The status quo is that we are at war anywhere and anytime the president says so.
So Congress—in a very Congress way of doing things—has a “solution.” Instead of reclaiming its constitutional authority, it instead intends to codify the unacceptable, unconstitutional status quo.
It is clear upon reading the AUMF, put forward by Senators Tim Kaine and Bob Corker, that it gives nearly unlimited power to this or any other president to be at war whenever he or she wants, with minimal justification and no prior specific authority.
That isn’t an AUMF. That isn’t Congress reclaiming its constitutional duties. That’s a complete rewriting of the role of the executive and of the constitutional separation of powers...
If this AUMF is passed, Congress will have chosen to make itself irrelevant on the issue of war.
Currently, use of force without congressional authority is limited by the War Powers Act to national emergency or imminent attack. No more, under this AUMF...
The Founders left the power to make war in the legislature on purpose and with good reason. They recognized that the executive branch is most prone to war...
Handing war-making power from Congress to the executive branch is not an exercise in congressional power. It is the final and full abandonment of that power. It is wrong, it is unconstitutional, and it should be stopped.
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