Jeff Huber’s Column Top 10 War-Powers Myths at the ePluribus Media Journal outlines the ten biggest myths the Bush Administration propagates about the legality of the President’s so called War Powers.
Our personal favorite is Number 4, but that may be because it has to do with Cheney, who is much in the press these days.
4. The War Powers Resolution of 1973 unconstitutionally limits the president’s ability to wage war.
This is one of Vice President Cheney’s favorite mantras, and like so much of what Dick Cheney says, it’s almost entirely delusional. A better argument says that the resolution is unconstitutional because it gives a president too much power.
In a nutshell the resolution limits to a maximum of 90 days the time in which a president may commit forces to combat without specific statutory authorization or a declaration of war from Congress.
The Constitution itself grants the president no authorities whatsoever to send troops into combat without Congressional approval.
Which of these Myths is your favorite?
- The Foreign Intelligence Surveillance Act (FISA) does not apply in wartime.
- The president has sole constitutional authority to conduct foreign policy.
- The Bill of Rights becomes void in time of war.
- The War Powers Resolution of 1973 unconstitutionally limits the president’s ability to wage war.
- In the case of Hamdi v. Rumsfeld, the Supreme Court upheld the president’s right to spy on Americans without court orders.
- The president has the authority to ignore international treaties, such as the Geneva Convention and the United Nations Convention on Torture, because they are not part of United States law.
- It is the job of the attorney general and other key administration attorneys to determine the scope of the president’s constitutional authorities.
- “In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
- The Constitution expands the president’s authorities as commander in chief in wartime.
- As vice president, Dick Cheney is second-in-command of the military and has authority to direct the Joint Chiefs of Staff in the conduct of the War on Terror.
Other ePluribus Media Contributors and Fact Checkers: Sue in KY, Stoy, Cho, Standingup, Vivian, JeninRI, DEFuning
Read Jeff’s column to see how he debunks all ten myths. And read his earlier piece on the war powers in The Ides of December
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