Friday, September 06, 2013

Quote of the Day: Linguistic Lunacy

"So farcical have the linguistic games become that we have reached a point at which Congress is being instructed that, Assad having crossed a red line that the executive branch didn’t set, it must accord the executive branch the permission that it doesn’t need to start a war that isn’t a war."

1 comment:

Eric said...

I realize that the article you quoted doesn't contend one way or the other that Obama's proposed action is Constitutional, but it's actually a less settled question than commonly believed if this analysis is correct:

The Congressional 'declaration of war' requirement has become a lot more flexible since the US became a permanent global presence, but there still needs to be at least some link to US sovereign authority, such as a prior Congressional approval of a mutual defense pact, like the NATO treaty, or the UN covenant.

According to Kaufman's analysis, as it stands, the minimum threshold for US sovereign authority has not been met for a military action against Syria. In other words, if Obama had ordered or does order a military action against Syria without a Congressional certification, a case could be made that it's unConstitutional.