Is America’s War on ISIS Illegal?
Does the captain’s participation in this undeclared war involve him in a mission to destroy, not “defend,” the Constitution?
Captain Smith, 28, has now brought suit in federal court to request an independent judgment on whether he is betraying his oath.
.. In August I published an essay in The Atlantic explaining that soldiers during the Vietnam War faced a similar predicament — and that two federal courts of appeal had considered their challenges to the war’s legality on the merits. The war ended before the issue could be decisively resolved by the Supreme Court, but I argued that these decisions would serve as precedents for a comparable lawsuit today.
.. Its aim was to prevent future presidents from following Nixon’s example in escalating the Vietnam War far beyond the limited authorization provided by the Gulf of Tonkin Resolution.
The 1973 resolution requires the commander in chief to gain the approval of the House and Senate within 60 days of introducing forces into situations involving “imminent hostilities.” If he fails to gain congressional authorization, he must terminate his campaign within the next 30 days.
.. President Obama has repudiated the extreme claims made by former Vice President Dick Cheney and John Yoo, a deputy assistant attorney general under President George W. Bush, who have denounced the War Powers Resolution as unconstitutional.