Congressman Adam Schiff of California appeared on FOX News Sunday today and said rather plainly that congress has pretty much given up on the rules.
Patrick Brennan of National Review has the details:
Dem Congressman: Is Congress Abdicating Its Consitutional War Powers? ‘Absolutely’
Asked this morning by Fox News’s Chris Wallace whether Congress is forfeiting its responsibilities by recessing before voting on whether to authorize a new war in Iraq and Syria, one Democratic congressman was blunt: “Absolutely,” California congressman Adam Schiff said.
A member of the House intelligence committee, Schiff argued “the president has said this is a war, this is going to last years, this is quintessentially something that the Constitution empowered only Congress to declare.
Here’s the video:
Last week, Schiff wrote a piece for Time Magazine on the same subject:
Congress Must Vote on War
In his address to the nation last week, President Obama made a compelling case for a concerted effort to destroy the Islamic State in the Levant (ISIL), a terrorist group that has spread chaos and bloodshed across Syria and Iraq. But even as the Administration has acknowledged that taking the offensive against ISIL amounts to war, it has paradoxically taken the position that Congressional approval—while desirable—is not required.
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The Constitution says otherwise.
The President has broad authority as commander in chief to defend the nation, but that authority is not without limit. It does not extend to situations like the present where the Administration has acknowledged that ISIL does not pose an immediate threat to our homeland. As one former constitutional law professor and then-Senator named Barrack Obama told an interviewer in 2007, “the President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”
The Administration has asserted that it has the requisite authority to act based on the 2001 Authorization to Use Military Force (AUMF) passed in the days immediately following September 11th—this reasoning is tenuous at best.
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