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Title: Kerry Touts ISIS War, Hypes Iraq ‘Success Story’
Source: [None]
URL Source: http://news.antiwar.com/2014/09/17/ ... -war-hypes-iraq-success-story/
Published: Sep 17, 2014
Author: Jason Ditz
Post Date: 2014-09-17 18:29:57 by PnbC
Keywords: None
Views: 37
Comments: 1

Kerry Touts ISIS War, Hypes Iraq ‘Success Story’

Insists No Legal Argument President Can't Launch Unilateral War

by Jason Ditz, September 17, 2014


Poster Comment:

Kerry went on to complain about Paul’s filibusters of nominees and suggest that the administration didn’t feel confident the Senate would even get around to voting on the war because of that, even if they wanted such a vote.

THAT IS THE WHOLE POINT!!!

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#1. To: PnbC (#0)

Kerry Touts ISIS War, Hypes Iraq ‘Success Story’

Insists No Legal Argument President Can't Launch Unilateral War

Fear of ISIS Triggers Double Threat to Checks and Balances - Information Clearing House excerpts

Obama administration officials have claimed that the president has authority to use the military against ISIS, under trumped-up claims of both inherent constitutional authority and statutory authority from the 2001 Authorization for Use of Military Force (AUMF).

The administration's claims are factually incorrect and fundamentally dangerous. First, the administration's view that the president has constitutional authority as commander in chief to use force against ISIS is overbroad. The president's commander-in-chief authority may only be exercised when the country has been attacked, or when there is a threat of a direct and imminent attack. It cannot be invoked when, as top administration officials have repeatedly noted, ISIS does not present an immediate threat to the nation.

The claim that the 2001 AUMF authorizes an expanded military campaign in Syria and Iraq today is equally spurious and dangerously broad. The 60-word AUMF from 2001 authorized military action against "nations, organizations, or persons" who "planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or person." In other words, the AUMF, which Congress passed in the immediate aftermath of 9/11, authorized war against the Taliban and al-Qaeda in Afghanistan.

In essence, the Obama administration is arguing that the 2001 AUMF applies to a group that didn't exist on 9/11, and isn't even associated with al-Qaeda – indeed, to a group explicitly rejected by al-Qaeda. The statute simply cannot be read so broadly. The administration's apparent interpretation of the 2001 AUMF is an impermissible unilateral declaration of war against a new enemy.

His administration's unjustifiable and expansive reading of its war authority threatens to rob the American people of their say in choices about war. It is time for Congress to either specifically authorize or reject war in Iraq and Syria, and for the president to stay within the bounds of the Constitution in making war decisions.

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"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2014-09-18   15:43:33 ET  Reply   Trace   Private Reply  


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