Sam Lowry said:
FLBear5630 said:
Redbrickbear said:
LIB,MR BEARS said:
Redbrickbear said:
boognish_bear said:
Congress can most certainly put restrictions and conditions on the powers of war that the President can exercise.
They may not often do so…but they can certainly specify and constrain his war powers if they wish in accordance with the Constitution.
[Anyone wishing to argue that the War Powers Resolution of 1973 is unconstitutional must be prepared to explain the purpose of article I, section 8, clause 11, of the Constitution.
That provision expressly grants to Congress the power "To declare War." If the President of the United States is free to fight a war whether or not one has been declared, then this apparently unambiguous constitutional provision is devoid of significance. Opponents of the War Powers Resolution have traditionally claimed that clause 11 confers upon Congress only a narrow piece of war power.
Defenders of the Resolution have argued in contrast that the Resolution constitutes an exercise of congressional authority under the clause. This last contention pokes at the truth without quite striking it. The War Powers Resolution is not constitutional as an exercise of the war power. It is constitutional because it defines the war power. The War Powers Resolution is nothing more or less than a congressional definition of the word "war" in article I.
A definition of this kind coupled with a reasonable enforcement mechanism is well within the power of Congress under a proper understanding of the constitutional system of checks and balances.] -Stephen Carter, Yale Law school
https://openyls.law.yale.edu/handle/20.500.13051/1518
What is the difference between a military action and a declared war?
Great question....
That is why we have a Congress (Legislative Branch) that exists and has the Constitutional power to define such things.
My understanding is that the President can take action to protect the United States and its troops but not for prolonged action. War Powers allows the use of troops but has reporting and time limits (60-90 days).
If it is going to be more than that Congress has to approve, such as the Gulf War Congress passed resolutions supporting the use of force to remove Iraq.
It looks to me that Trump met his War Powers responsibilities by reporting to Congress and having them home in less than 90 days. He was within his rights to do so due to the number of US assets in the Middle East and Iran's threats against the US.
There also has to be an attack or imminent attack on the US, its territories or possessions, or its armed forces, none of which existed here.
There are several points there.
1st - There are enough threats by Iran to destroy "the Great Satan" to qualify as imminent threat.
2nd- The US has 34,000 troops in the that region, 118 in Israel. So, if you want to get lawyerly the US has 118 troops in Israel and hundreds of Embassy staff.
3rd - The US has abot 670 billion dollars worth of assets at risk.
I don't think it is a huge jump...