Ace at Ace of Spades HQ gets this about ninety-percent correct.
Money quote(s):
"The scheme of the War Powers Act is that a president can make war, absent authority, for sixty days. Once that sixty day limit is reached, he must begin winding down the effort as soon as possible, and must end all confrontation (even of the retreat/withdrawal under fire type) thirty days after that.
Now, the President can of course seek authorization for war in that sixty day window, in which case the Constitution is satisfied and the War Powers Act no longer applies.
The President has not sought any resolution or authorization. Has not even sought it."
There are some exceptions to this, such as when U.S. forces or territory come under attack.
According to the Library of Congress: "the President's powers as Commander in Chief are exercised only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States (50 USC Sec. 1541)."
"Clinton did the same thing with Bosnia. So this isn't the first time.
Odd that only Republican Presidents need to, and do in fact, seek resolutions of war, while the Democrats who scream the loudest about this part of the Constitution (one of the few they like) just ignore it again and again.
Obama's theory (as was Clinton's) is that because this is being fought "by NATO," then it's not... what, war? I don't get this."
It's always been my understanding that the U.S. was a fully-vested, voting member of NATO. And that the current supreme commander in NATO is a U.S. Navy admiral.
"Most nations go to war as part of an alliance of some kind. They always have. They likely always will.
Where does this idea spring from that when a Democrat wants to go to war without constitutional authorization, he can point to whatever countries he's in alliance with and say "I know the Constitution says I need an authorization of war, but look, I've got Martinique on my side, Hoss. Gold standard." "
&"I(t) doesn't bloody matter what organization is nominally in charge of a war, or what combination of countries you're allied with. The Constitution does not say that you need either a declaration of war or France has your back.
There is one statement. It applies to all circumstances. It doesn't matter if we're doing it on behalf of the UN, NATO, the G-8, the NAFTA trade zone, SEATO, or fuck-all else."
