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News Link • Venezuela

A Lawless Presidency

• Ron Paul Institute - Andrew P. Napolitano

The Constitution makes clear that only Congress can authorize a foreign invasion. In the pre-World War II era, Congress declared war on countries that attacked the US or were allied with those that did, and those declarations expired upon the surrender by legal authorities in the targeted countries.

In the post-9/11 era, Congress has chosen to authorize the use of military force, without providing for a trigger that would terminate the authorization. Indeed, just last month, Congress rescinded George W. Bush-era military authorizations that had been used by Presidents Barack Obama and Donald Trump to target groups not even in existence at the time of the authorizations.

But, as morally deficient as the authorizations were, they were at least constitutionally sound, as they were the product of presidential requests and congressional deliberations and authorizations. We now know that at least two of these were fraudulent — the administration lied to Congress and to the United Nations. But, again, at least it fomented debate and recognized its obligations under the Constitution and the UN Charter to seek approval before invading a foreign country.


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