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If Congress Says No, Can Obama Strike?
The real question, and it is really not even a question, is: "If Congress says yes, can the USA strike?"
That answer is NO! It would be a war crime.
If Congress Says No, Can Obama Strike?
http://billmoyers.com/2013/09/05/if-congress-says-no-can-obama-strike/
This post first appeared on The Nation blog.
Among the many questions the Obama administration has been unable or unwilling to answer regarding its plans for military strikes in Syria is what happens if Congress refuses to authorize the use of force.
It’s a question that should be answered before, not after, a vote occurs in Congress, because it will clarify whether lawmakers are now engaged in the binding decision-making process required by the Constitution, or whether they are merely being used to lend an air of domestic legitimacy to military action that would violate international law.
Senator Rand Paul made the point yesterday near the end of the hearing before the Senate Foreign Relations committee, which heard testimony from John Kerry, Director of Defense Chuck Hagel and Chairman of the Joint Chiefs of Staff Martin Dempsey. Paul asked Kerry whether the president would abide by Congress’ vote. “I don’t know what the president’s decision is,” Kerry answered, “but I’ll tell you this …he still has the constitutional authority and he would be in keeping with the Constitution.”
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It’s a question that should be answered before, not after, a vote occurs in Congress, because it will clarify whether lawmakers are now engaged in the binding decision-making process required by the Constitution, or whether they are merely being used to lend an air of domestic legitimacy to military action that would violate international law.
Senator Rand Paul made the point yesterday near the end of the hearing before the Senate Foreign Relations committee, which heard testimony from John Kerry, Director of Defense Chuck Hagel and Chairman of the Joint Chiefs of Staff Martin Dempsey. Paul asked Kerry whether the president would abide by Congress’ vote. “I don’t know what the president’s decision is,” Kerry answered, “but I’ll tell you this …he still has the constitutional authority and he would be in keeping with the Constitution.”
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