This piece is strictly focused upon what is or isn’t the Constitutional Powers of the President and Commander-in-Chief. I do not take a side in the debate over whether or not the President should act in the Israel-Iran conflict, but only whether or not he has the constitutional authority to act.
As expected and predicted, the anti-American cabal in D.C. set the stage for everything happening today, from the Obama-Biden courts trying to run the Executive Branch to members of Congress trying to be Commander-in-Chief of the U.S. Armed Forces.
They created all of the conflicts in the country and around the world, for Trump to walk into upon his election to a second term. They are doing all they can to create a “no win” situation for Trump, so that no matter what he decides to do, they will try to take him out for it.
Iran
No nation on earth can afford for Iran to ever have nuclear war capabilities. This isn’t just about Israel. If you think Israel launched this mission without a green light from the USA and most if not all Arab nations in the region, you just don’t know how things work.
I don’t have any access to the intel regarding how close Iran may or may not be to nuclear capacity, and neither do most others sharing their opinions on the matter. But what I do know is who holds the power to make the necessary decisions for the USA.
Article II - Section II of the U.S. Constitution
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;”
Nothing in Article II suggests that anyone but the President, has any such power over the subject, not Congress or the Courts.
The debate doesn’t come from the constitutional text above, but rather from a War Powers Act (circa 1973), which was an overt congressional effort to limit the Presidency of the Powers it was granted in Article II - Section II of the Constitution, as quoted above.
NOTE: For the record, Congress has not “declared a war” since WWII. Yet every President since, has ordered American troops into harms way without any declaration from Congress.
The current debate on the matter pits Constitutional text in Article II against the War Powers Act of 1973. Some pretend to be using constitutional text to argue against the powers of the Commander-in-Chief. But that text is quite clear and unambiguous…and it does not support their argument.
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;”
So, since they are not using this text to make their argument, they are not making a “constitutional argument.” Instead, their argument is based upon a congressional act from 1973 which may very well itself, be unconstitutional.
Statutes, resolutions and court opinions, do not “amend the constitution.” Further, Congress is prohibited from adopting any amendments, statutes, or resolutions which themselves are “unconstitutional,” because they directly or indirectly violate (undermine and subvert) the text and intent of the Constitution itself. All acts of Congress or the Courts must be “in furtherance thereof,” and not “in violation” thereof, or such acts themselves, are unconstitutional.
Should Trump Order American Troops into Theater?
This is an entirely different conversation, and people are free to debate the risks and benefits of this decision. But according to the constitutional text, the decision is the Presidents alone to make. This is a separate issue from which branch has the power to “declare war.” That power is given to Congress.
However, a congressional “declaration of war” is only necessary for a prolonged military deployment, as clearly stated in the War Powers Act itself.
“States that hostilities commenced pursuant to this Act shall not be sustained beyond thirty days from the date of their initiation except as provided in specific legislation enacted for that purpose by the Congress.” SOURCE
In the current situation, the President does indeed have the constitutional power to use military force without any authorization from Congress, so long as it is a temporary deployment. If the deployment is to last longer than 30-days, the President must then seek the support of Congress to extend the period of engagement, according to the War Powers Act.
The USA is on the verge of losing everything today. Most critically, our “republican form of government” does not currently exist. At present, both the unelected judiciary and elected legislature want to run the Executive Branch.
Damned if he Does or Doesn’t
The intentional political divisions in the USA are no accident or coincidence, and this is at the root of the current debate over what powers the duly elected President has or doesn’t have.
The global left set this whole thing up, with the help of anti-Trumpers in the GOP. There is no honest debate over what powers are granted to the President in Article II. The constitutional text couldn’t possibly be clearer.
But just as the unelected Judicial Branch is trying to run the Executive Branch from the bench, the Legislative Branch wants to run it from Congress.
We are nearing a point in history when the Office of the President has been overthrown from within the halls of both other branches. And the Constitution grants neither of the other two branches any such authority.
DO NOT RELY UPON ANYONE TO TELL YOU WHAT THE CONSTITUTION SAYS AND MEANS… READ IT FOR YOURSELF AND YOU DECIDE WHAT IT SAYS AND MEANS!
People are free to debate and even disagree with the Presidents decision, no matter which decision he makes. But none of them were elected by over 77 million Americans to make this decision…only Trump was!