Skip to main content

View Diary: War Powers Resolution is not optional (188 comments)

Comment Preferences

  •  Hard to say if it is only a political question (0+ / 0-)

    Look at the Nixon tapes case where the Court upheld Congress' power to subpoena Nixon's private conversations.

    •  Different question different issue. . . (0+ / 0-)

      And I'm sorry I mistook the doctrine that will lead to Kucinich's suit's failure.  It is the higher burden for legisaltive standing (as expressed by the Supreme Court in Raines v. Byrd, 1997).

      Citing Campbell v. Clinton (D.C. Court of Appeals, 2000) (case brought by Rep. Tom Campbell (R-CA) and thrity other Representatives against Clinton's Kosovo war):

      "In this case, Congress certainly could have passed a law forbidding the use of U.S. forces in the Yugoslav campaign; indeed, there was a measure—albeit only a concurrent resolution—introduced to require the President to withdraw U.S. troops. Unfortunately, however, for those congressmen who, like appellants, desired an end to U.S. involvement in Yugoslavia, this measure was defeated by a 139 to 290 vote. Of course, Congress always retains appropriations authority and could have cut off funds for the American role in the conflict. Again there was an effort to do so but it failed; appropriations were authorized. And there always remains the possibility of impeachment should a President act in disregard of Congress' authority on these matters."

      Replace Yugoslavia with Libya and you have your answer.  Courts don't want to touch a battle between the Congress and the President when it comes to war.  Except for when Congress has clearly expressed itself in opposition to the President as in the Steel Seizure case.

      "Now we are engaged in a great civil war testing whether that nation or any nation so conceived and so dedicated can long endure."

      by nklein on Sun Jun 26, 2011 at 05:41:53 PM PDT

      [ Parent ]

      •  You are correct (0+ / 0-)

        and Kucinich and his comrades are obviously wrong - no surprise there.

        So maybe Kucinich will now start impeachment proceedings against Obama.  Did you know that his Ohio district has been eliminated?

        •  Not yet, but most are saying that it will be. (0+ / 0-)

          Makes me wonder if he will lose standing as a legislator for his suit before the court tells him he has not legislative standing either.  Although, he is looking to run in Washington.

          "Now we are engaged in a great civil war testing whether that nation or any nation so conceived and so dedicated can long endure."

          by nklein on Sun Jun 26, 2011 at 05:58:00 PM PDT

          [ Parent ]

          •  *no legislative standing either. n/t (0+ / 0-)

            "Now we are engaged in a great civil war testing whether that nation or any nation so conceived and so dedicated can long endure."

            by nklein on Sun Jun 26, 2011 at 05:58:41 PM PDT

            [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site