President-elect Barack Obama should embrace an overlooked riskless exit strategy for the war in Iraq that has inflicted more than the equivalent of another Sept. 11, 2001, on brave American soldiers. After Inauguration, he should declare the war illegal because it was initiated by President George W. Bush pursuant to an unconstitutional delegation of power by Congress effectuated by the Authorization for the Use of Military Force Against Iraq (AUMFAI). Mr. Obama should announce that all combat operations in Iraq will cease 30 days after Inauguration unless Congress enacts a statute directing him to continue the war.
Never in the nation's history has the scope and meaning of Congress's power to "define and punish . . . Offences against the Law of Nations" mattered as much. The once-obscure power has in recent years been exercised in broad and controversial ways, ranging from the Alien Tort Statute (ATS) to military commission trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clause and indeed raise common constitutional questions. First, can Congress "define" offenses that clearly already exist in international law, or does it have discretion to codify debatable or even nonexistent international law norms? Second, what happens to this discretion when it delegates the power to a coordinate branch? This Article shows that the Offenses Clause allow...
... defending himself and of preventing congressional overreaching. The Senate's role in appointments an... by the Attorney General, pursuant to a delegation from Congress, to suspend deportation of an alien....
Clause 1. Powers and Term of the President . Clause 1. The executi... vested all powers in a unicameral congress. Experience had demonstrated that harm was to be f...The case arose as a challenge to the delegation of power from Congress to the President with regar...
... 105 percent of the aggregate of congressional appropriations for the fiscal year for activities ... be struck down as an unconstitutional delegation to the Department of Transportation of Congress' ttaxing power on the grounds that the assessments were taxes rat...
Sen. Jim Webb told members of the Virginia delegation Tuesday morning he'd like to see a better balance of power in the country, by having Congress assert more control. Mr. Webb, a Virginia Democrat and former secretary of the Navy, said he shared the view, which was passed to him by the widow of former Sen. Daniel Patrick Moynihan. Mr. Webb said Elizabeth B. Moynihan told him her one wish, and her late husband's wish, would be to "rebalance the Constitution to reclaim the powers [Congress] used to have.
...The delegation of this power by the Congress imposes the obligati...
... Reina, 495 U. S. 676, 679, Congress specifically authorized such prosecutions; and tha... enlarges the tribes' self-government powers to include "the inherent power of Indian tribes ...... . this legislation is not a delegation of this jurisdiction but a clarification of the st...
As we observe the fighting in Georgia, on the Russian border, we might remember just what NATO was all about. It committed us, by the treaty's language at least, to an automatic tripwire war with any state (read, the Soviet Union) that attacked any NATO member-state. The American Constitution gives the war power to the U.S. Congress. The only exception is an attack on the United States. Then and only then could our president respond, as commander in chief, even before Congress declared war. This automatic delegation of the war power to NATO was why J. Reuben Clark Jr., formerly the U.S. representative to all the arms limitation negotiations between World Wars I and II legal adviser to the Department of State and later in the First Presidency of the LDS Church, was totally opposed to NAT...
THE 110th Congress went to work Thursday, making history in the process with the first woman Speaker of the House and a Muslim congressman who took the oath of office on a Quran once owned by Thomas Jefferson. Members of North Jersey's delegation will be in new positions of power in the Democratic Congress, which bodes well for the region. Rep. Bill Pascrell Jr., D-Paterson, was recently named to the powerful Ways and Means Committee.
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