- 1
- 2
Wrestling Over War Powers
This leads to the second mistaken premise behind the War Powers Commission: its belief that the core failure of the War Powers Act lay in its poorly drafted, ambiguous language. But consider the Foreign Intelligence Surveillance Act—the 1978 wiretapping law that made it a felony to engage "in electronic surveillance under color of law except as authorized by statute." That language is perfectly clear, at least for lawyers, and yet last week the Senate voted to clarify it again. Now the same surveillance that was illegal when the president ordered the government to spy on Americans six years ago will be illegal in the future. The problem wasn't a vague law—it was an overreaching Executive.
There is a reason the Framers were so worried about granting the president the power to initiate wars—even teensy little unanticipated emergency wars—and granted that power to the people who would fight them instead. Abraham Lincoln put it this way: "Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions." The Constitution assumed a congressional branch capable of pushing back against a king. The War Powers Commission has downgraded that to a congressional branch able to "consult meaningfully" with a king. The Framers would say that's a step in the wrong direction.
Lithwick is a NEWSWEEK contributing editor and a senior writer for Slate. A version of this column also appears on slate.com.
© 2008
- 1
- 2
Loading Menu
Member Comments
Posted By: lee226 @ 07/20/2008 9:48:54 AM
Comment: I have listened to intervieus on C-span and someof the facts are that since the 70 ; and Crter large sum were set aside for energy research, every president after that has done the same .Reaearh energy gov history and you willsee that the lobbyst, oil and auto have stopped legislation to move forward in our energy independence.
Why did the car manuf. did not retool their factories or reduce emission.
The capitalist have had their way with congress, republican and otherwise by preventing bills that would demand certain economic changes.
That is what is broken in Washington....the present congress has inherited many problems, including a president with veto power, veiled in secrecy, stepping on our constitution.
The way we do business is wrong. A bill should not have to include iitems the republican want to have it passed and viceversa.
To me sound more like black mail, what I vote for your bill if accept deregulation on the banks.
This how Mr. Gramm and others were able to pass certain deregulations that made it easier for banks to to do subprimes loans and selling them in bundles. Same with deregulations for commodities, it made it easier for speculation of futures. and oil price go up.
It is a lot more complicated than the avergae american is aware of.
The citizen need to be informed and contact their state rep. when A VOTE COMES UP..
This whay Obama says we must be involved in government and know the issues.
Posted By: lee226 @ 07/20/2008 9:17:11 AM
Comment: We do have 50 states and 7 teriitories you can google and check find before you open you big mouth.
Most people on the web are not well informed.
Waste of energy, power and creates confusion among the population.
It would be benficial and patriotic of everyone took the time to check thei facts from mulitple source before showing all of us the degree of ingorance in the richest country on earth with infinite resources to find the truth.Could you lean how to think maybe?
Time to go.
Posted By: lee226 @ 07/20/2008 9:11:16 AM
Comment: How do we know you may work for the oil company and coming here telling us lies.
No one beleives Bush and it is hard to fugre how the economy works because there are too many fingers in the pie and they are all oil men,, Bush's friends maybe..
Bin laden family are friend of his also, maybe they know where he is?