Wednesday, March 14, 2007
Bad Legal Advice
Walter Dellinger and Christopher Schroeder have an op-ed in today's NYT where they say, among other things, that the Congress can indeed hamstring the commander in chief with laws made under their constitutional power "to make rules for the government and regulation of the land and naval forces." I always thought that power was to make rules for the armed forces just as they make them for us regular citizens. Certainly they do not have commander in chief powers and attempting to usurp what is given solely to the President would be a real constitutional crisis. But even if they could get it done, it still wouldn't be a good idea.
This brings up a question. One of the many Democrat plans to try to insure defeat in Iraq is to take back the war declaration equivalent Authorization for the Use of Military Force Against Iraq. President Bush is unlikely to sign that if the Democrats could even pass it, and I doubt seriously they have the 2/3 it would take to override a veto. President Bush certainly would also veto any bill that usurped his commander in chief powers. So what, exactly, is the planning of defeat all about? Despite this brainstorming session by the seriously lefty lawyers, cutting off the funds appears to be all Congress can do and the Dems are too timid (or patriotic) to take the political heat for such an irresponsible act.
This brings up a question. One of the many Democrat plans to try to insure defeat in Iraq is to take back the war declaration equivalent Authorization for the Use of Military Force Against Iraq. President Bush is unlikely to sign that if the Democrats could even pass it, and I doubt seriously they have the 2/3 it would take to override a veto. President Bush certainly would also veto any bill that usurped his commander in chief powers. So what, exactly, is the planning of defeat all about? Despite this brainstorming session by the seriously lefty lawyers, cutting off the funds appears to be all Congress can do and the Dems are too timid (or patriotic) to take the political heat for such an irresponsible act.
# posted by Roger Fraley @ 5:33 AM 
