A few
years ago, when President Barack Obama unilaterally decided to
intervene in Libya’s civil war, he argued that he did not need
approval from Congress because bombing military targets did not
constitute “hostilities” under the War Powers Resolution. That
argument was so laughable that it was rejected even by the war’s
supporters in Congress and the press, not to mention Obama’s own
Office of Legal Counsel.
But that’s not how Obama is approaching ISIS. Obama claims
Congress already declared war on ISIS, although it surely did not
realize it was doing that. Thirteen years ago, the president notes,
Congress authorized George W. Bush “to use all necessary and
appropriate force against those nations, organizations, or persons
he determines planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or harbored
such organizations or persons.” Jacob Sullum explains why we
shouldn’t buy the president’s excuses for waging war without
congressional approval.
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