Before I get into the issue at hand, some background is necessary. Many legal scholars, and indeed, even many members of Congress have admitted that Obama’s war against ISIS is illegal and unconstitutional. One of the best articles I’ve read on why this is the case, was published in the New York Times in 2014, which I covered in the post, Obama’s ISIS War is Not Only Illegal, it Makes George W. Bush Look Like a Constitutional Scholar. Here are a few excerpts:
President Obama’s declaration of war against the terrorist group known as the Islamic State in Iraq and Syria marks a decisive break in the American constitutional tradition. Nothing attempted by his predecessor, George W. Bush, remotely compares in imperial hubris.
Mr. Bush gained explicit congressional consent for his invasions of Afghanistan and Iraq. In contrast, the Obama administration has not even published a legal opinion attempting to justify the president’s assertion of unilateral war-making authority. This is because no serious opinion can be written.
This became clear when White House officials briefed reporters before Mr. Obama’s speech to the nation on Wednesday evening. They said a war against ISIS was justified by Congress’s authorization of force against Al Qaeda after the Sept. 11, 2001, attacks, and that no new approval was needed.
But the 2001 authorization for the use of military force does not apply here. That resolution — scaled back from what Mr. Bush initially wanted — extended only to nations and organizations that “planned, authorized, committed or aided” the 9/11 attacks.
Not only was ISIS created long after 2001, but Al Qaeda publicly disavowed it earlier this year. It is Al Qaeda’s competitor, not its affiliate.
Mr. Obama may rightly be frustrated by gridlock in Washington, but his assault on the rule of law is a devastating setback for our constitutional order. His refusal even to ask the Justice Department to provide a formal legal pretext for the war on ISIS is astonishing.
It’s been almost two years since that Op-ed was written, and Obama is still carrying out his illegal war on ISIS with barely a peep from our incredibly corrupt and useless Congress. Indeed, the only thing Congress is scheming to do is to ensure the next President receives a blank check for perpetual war.
From the National Journal:
Senate Majority Leader Mitch McConnell offered members a snow-weekend surprise late Wednesday night: Quietly teeing up a potential debate on the legal underpinning for the fight against ISIS.
After months of worrying that such a resolution—known as an authorization for the use of military force—would tie the next president’s hands, McConnell’s move to fast-track the measure surprised even his top deputy, Senate Majority Whip John Cornyn, who was unaware that McConnell had set up the authorization.
The AUMF put forward by McConnell would not restrict the president’s use of ground troops, nor have any limits related to time or geography. Nor would it touch on the issue of what to do with the 2001 AUMF, which the Obama administration has used to attack ISIS despite that authorization’s instructions to use force against those who planned the 9/11 terrorist attacks. By contrast, the legal authority put forward by the administration last February wouldn’t authorize “enduring offensive ground combat operations” and would have ended three years after enactment, unless reauthorized.
Read that over and over and over until you get how incredibly dangerous it is.
The danger obviously is allowing 1 sole person the possibility to give executive orders. It’s no different from a dictatorship. It again proves USA is not a democracy but rather evolving into an Idiocracy. Anyone badmouthing President Putin should look at President Obama. But as the saying goes: Every nation gets the leadership it deserves. Apparently the USA deserves a dictator