Who Declares War? White House v. Congress

Old Blog Import

Thanks to Tapped for finding this Legal blog which discusses the constitutionality of the White House’s assertion that it doesn’t need Congress to start a war with Iraq.

As I understand it, the White House counsel’s conclusion that the president can commit forces to Iraq without further congressional action rests on three grounds: first, the power given to the president as commander-in-chief under the Constitution; second, the 1991 Persian Gulf Resolution that authorized Desert Storm; and third, the resolution of last September 14 that authorized the president to use military force against the terrorist organizations that conducted the September 11 attacks and those who aided those organizations. On my admittedly quick reading, none of these three arguments is terribly convincing.”

Cooped Up