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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures." -- Daniel Webster
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Friday, June 24, 2011 :::
Politico reports:
The House delivered a surprising split decision on Libya Friday: Voting against authorizing the use of American forces there and then, an hour later, refusing to limit funding for the mission.
In essence, the House decided that it will neither endorse nor totally reject American intervention in Libya. From this brief description, this sounds even worse than the administration's decision not to argue for the defensible and even widespread position that the War Powers Act is unconstitutional and even to claim to be in compliance with it while clearly not complying with it. The administration's position is ludicrous, but at least internally consistent.
For the record, I'm not sure whether or not the War Powers Act is constitutional, but I think it should be complied with.
I welcome explanations in the comments that:- The two specific bills the House turned down could both reasonably be opposed. The argument, alluded to in that article, that the spending limitation could be opposed on the grounds that it didn't go far enough does not fit within the parameters of the word "reasonably" unless paired with evidence that a stronger bill could have passed and that this bill would have hurt its chances. Any Congressman making such an argument should also explain where in the drafting process (s)he is (or, if (s)he is not drafting such a bill, whose alternative (s)he is supporting).
- The War Powers Act unconstitutionally constrains the President's power as commander-in-chief, and the Constitutional provision that gives Congress the power to declare war means [fill in the blank].
- The War Powers Act is constitutional, and the President's inherent power as commander-in-chief to respond to hostilities in a timely manner amount to [fill in the blank].
::: posted by Steven at 5:35 PM
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