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TXCritter

(344 posts)
Fri Apr 7, 2017, 09:28 AM Apr 2017

Did Trump violate the War Powers Act?

A lot of people here have pointed out that the President has the power to initiate military action without a Declaration of War as long as he reports back to Congress.

That is the effect of the precedent set by the inaction of congress but, in fact, the president may not have the necessary justification to bomb Syria under the law.

The War 15 USC §1541(c) clearly states;


The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.


Congress has not declared War since 1941.

There is no statutory authorization to Bomb Syria that I am aware of. (Anybody? )

Syria has not attacked the US, its terrritories, possessions or its armed forces.

I believe this attack was a violation of the US Constitution and Federal Law. Can anyone offer me "statutory authorization" to justify it?
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onecaliberal

(36,594 posts)
8. He went to the UN so please spare me from the both sides do it bullshit.
Fri Apr 7, 2017, 09:46 AM
Apr 2017

Obama also accepted refugees. If that orange maggot cared he would NOT ban them from the United States.

femmocrat

(28,394 posts)
9. I asked on Twitter, so what will the consequences be?
Fri Apr 7, 2017, 09:50 AM
Apr 2017

I got a lot of smart-ass replies, mostly saying that there will be none because he's trump.

Seriously though, who would charge him with such violations? Congress? Doubt it. Justice Dept? Nah. No consequences.

 

TXCritter

(344 posts)
10. Yes, of course
Fri Apr 7, 2017, 09:53 AM
Apr 2017

The answer is 'None" as it has been in every such case since 1973.

We need to start a new campaign to strengthen and limit the war powers act and to force congress to take action against such cases.

 

Lurks Often

(5,455 posts)
11. The War Powers Act itself may not be constitutional
Fri Apr 7, 2017, 09:54 AM
Apr 2017

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

and since it's enactment, Congress and the White House have not chosen to take the constitutionality of the War Powers Act before a court.

Historical precedent since the War Power Act was passed is that a President does have the authority to conduct airstrikes or commit troops for up to 60 days before it has to go to Congress.

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