General Discussion
In reply to the discussion: I've kinda had it with all of the BS [View all]MADem
(135,425 posts)a screwdriver. The issue is appropriations--the President has no money, Congress does. Without money, the President can't buy or rent a facility in USA, he cannot move the prisoners to a stateside prison; he can't establish that the ones transferred to their home countries will not be tortured (a requirement), and he cannot pay to transport them.
I provided you links that explained the box POTUS was in. You ignore them and change the subject. "Waaah, waah, BUT..." deflection does not make the case.
The bottom line is this (to respond to your complete change of subject, which is noted) --no declaration of war, no need for Congress. We haven't declared "war" since WW2. Any time a President has consulted Congress without a declaration of war has been a courtesy, not a requirement. Sorry if that doesn't meet with your approval, you aren't the decider, and bombing Libya, or Syria, is not the same as trying to get an appropriation out of Congress for purposes of closing Gitmo.
Here, another link that you shouldn't ignore: http://abcnews.go.com/blogs/politics/2013/08/how-obama-can-bypass-congress-on-syria-strike/
Let me provide you with the "money quote" to spare you the necessity to click:
The constitution gives Congress the power to declare war, but Congress has not formally declared war since World War II. The U.S. operations in Korea, Vietnam, Afghanistan, Iraq and Libya were all conducted without any formal declaration of war.
The decision to bypass Congress on military action started with President Harry Truman in 1950 when he sent U.S. forces into Korea. Truman defended his decision by saying it aligned with the recommendations of the United Nations.
When the U.S. intervened in Libya in 2011, the Obama administration justified its decision to not request congressional approval beforehand by citing the 1973 War Powers Act, which allows the administration to conduct military activities for 60 days without first seeking a declaration of war from Congress.