Army Captain Sues President Obama Over Illegal And Unconstitutional War On ISIS
By Tyler Durden
Submitted by Mike Krieger Of Liberty Blitzkrieg
Army Captain Sues President Obama Over Illegal And Unconstitutional War On ISIS
Before I get into the heart of this piece, I want to once again applaud Bruce Ackerman, professor of law and political science at Yale, and author of “The Decline and Fall of the American Republic.” Mr. Ackerman has sustained a laser-like focus in recent years on exposing Obama’s brazen and unconstitutional penchant for illegal war-making.
I’ve highlighted his powerful opinion pieces on the topic twice before, first in the 2014 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.
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.
Mr. Ackerman was back the following year with some additional words. From the post, The New York Times Admits – Despite Going to Congress, Obama is Still Defending Unlimited War Powers:
President Obama is going before Congress to request authorization for the limited use of military force in a battle of up to three years against the Islamic State. On the surface, this looks like a welcome recognition of Congress’s ultimate authority in matters of war and peace. But unless the resolution put forward by the White House is amended, it will have the opposite effect. Congressional support will amount to the ringing endorsement of unlimited presidential war making.
The problem is the double-barreled position advanced by Mr. Obama. He asserts that he already has sufficient congressional authority for an open-ended war with the Islamic State, also known as ISIL or ISIS. He bases this claim on an expansive reading of Congress’s 2001 resolution authorizing President George W. Bush to …read more
Source: Army Captain Sues President Obama Over Illegal And Unconstitutional War On ISIS
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