• thanksforallthefish@literature.cafe
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    11 天前

    Yeah unfortunately that is not actually the way the law is written Bernie. Wish it was.

    Short version, the president gets to deploy the military where ever he wishes (outside the US, posse comitatus etc). That includes invading a sovereign nation or raining missiles down on one.

    Only congress has the power to declare a war, but the Potus gets to defacto kick off the war and then dare congress not to back him.

    After it was either 60 or 90 days, I forget, congress gets to “review” the decision, the problem is they have no power other than financial if they wish to stop the war. So the only thing they can do is turn off the finances to the military, and wait for the money to run out - which is generally up to a year. They have no way of forcing the president to desist other than impeachment or cutting off the funds.

    They can pass a motion, or even legislation, which the Prez can then veto, pointless. If they can muster the 2/3rds of congress they can remove him via impeachment.

    Edit, spelling correction and to note that I can pull out the full details if needed - was discussed heavily on reddit a while ago

      • meowMix2525@lemm.ee
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        11 天前

        Sounds like more should have been done to prevent trump even getting on the ballot while his opposition was still in power. Oh wait, but then they couldn’t run on “trump bad” and would actually have to champion something for the people to get their votes. Oh well!

      • Nalivai@discuss.tchncs.de
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        11 天前

        But genocidal Kamala is just as bad! I was informed about it multiple times by accounts on .ml (and not all of them are operating exclusively during Moscow working hours)

        • RadioFreeArabia@lemmy.world
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          11 天前

          Biden/Harris would have done something similar to defend Israel from the consequences of its actions. Biden did bomb Yemen after all when it tried to stop the genocide. Biden is a self admitted Zionist and defended Israel’s invasion of Lebanon and supported the invasion of Iraq. Harris did nothing to distance herself from him.

          • captainlezbian@lemmy.world
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            11 天前

            Yeah, in most regards kamala would’ve been better, but this is Israel. She may have been less gung ho, which would be better for a handful of Iranians benefitting from slightly fewer bombs, but not better enough

          • Nalivai@discuss.tchncs.de
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            9 天前

            Trump killed more civilians in Yemen this one excursion than the US did in the previous 23 years.
            There is bad, and there is this bad. And not differentiating between the two is criminal.

              • Nalivai@discuss.tchncs.de
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                8 天前

                By this point, there are only two ways to not understand what the degrees of bad are. Either you really, deeply, powerfully don’t give a flying fuck about people’s lives, and you see people as numbers you want to use to own the libs or whatever, or you are are so disconnected from reality, you really don’t understand what differentiate more suffering from less suffering.
                I really don’t know what’s worse, but both of those possibilities are deeply disturbing. You might feel like you’re a good person, but you really aren’t.

                • RadioFreeArabia@lemmy.world
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                  8 天前

                  Do you deny that it was a genocide when Biden was president or do you deny his complicity? That’s the only way your comment would make any sense.

        • meowMix2525@lemm.ee
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          11 天前

          I’m sorry, do you have a magical alternate reality viewer that shows Kamala not doing the same exact thing except whinging along the way about “working tirelessly” to avoid the thing that is currently happening with zero repercussions for the aggressor state… ? Come on, don’t forget the president that kept warning about non-existent red lines as Palestinians were being (and still are!) slaughtered by the thousands, and literally bypassed congress to send munitions to Israel despite this. Y’know, the thing that will now be super bad when Trump does it?

          At least we & our government officials don’t have to pretend this is fucking normal just because the president is super duper apologetic about it and pinky promises that they care about all the lives involved but conspicuously only mentioning the ones belonging to the aggressor nation!!!1!

          • tiny_iota@endlesstalk.org
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            11 天前

            the first campaign promise by trump was to ban all muslims (even citizens) and build a wall around mexico because they are rapist.

            they are not the same. people who think they are the same are arrogant morons who think they are smarter than everyone else.

              • tiny_iota@endlesstalk.org
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                11 天前

                Are you a newborn?

                every prezzo has been complicit with israel since forever. Tell me one prez that has been against it and defunded them. I’m willing to admit im wrong.

                  • tiny_iota@endlesstalk.org
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                    11 天前

                    is trump stopping the genocide, radio? No?

                    Then you fell for the dupe. you got conned. you fell for the bait. In your arrogance you are now rooting for a war with iran because you think you are smarter than everyone else.

                    Revel in it while you can, while the US races to bomb Iran. Again. Feel the peace flowing through your veins. And when it stagnates you can pretend you are a both sider like all the other arrogant voters who think they are somehow experts in middle eastern conflicts.

              • Nalivai@discuss.tchncs.de
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                11 天前

                But you do realise that putting bad on top of worse doesn’t make it better, right?
                Being complicit with other country bombing another country, and actively doing it yourself is not the same thing, can you at least recognise it?

    • barneypiccolo@lemm.ee
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      10 天前

      This is how we ended up with the Iran-Contra Scandal. The Reagan administration wanted to fight the growing communist forces in Nicaragua, but Congress forbid them, and denied them funding.

      They decided to find the money by selling highly inflated arms to our bitterest enemy at the time, IRAN, only a few short years after they had held our Embassy officials hostage for over a year.

      They took the profits of those illegal arms sales, and used it to finance their illegal war on Central America.

      So these traitors don’t even take no for an answer when Congress shuts off the money tap.

    • MystikIncarnate@lemmy.ca
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      11 天前

      Yup. Someone has to be the ultimate commander of the military. Unfortunately (at least right now) POTUS is the commander in chief of the military.

      So while his actions may not be a formal declaration of war, they certainly can cause a foreign nation to declare war on the USA… Which simply pulls the US into a state of war regardless.

      Can you guys not vote convicted felons suffering from dementia into the white house?

      That would be great…

      Sincerely, a Canadian.

      • darthelmet@lemmy.world
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        11 天前

        Can you guys not vote convicted felons suffering from dementia into the white house?

        You’re right. Next time we should vote for someone respectable! Someone who has experience! Someone who went to a good school and is smart! Someone who hasn’t been convicted of a crime! Someone like that would NEVER illegally start a war of aggression on false premises! Such a completely hypothetical scenario is basically unmemorable unimaginable!

    • Bluewing@lemmy.world
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      10 天前

      What congress can do is refuse to pay for the war/police action. They still need to write the checks. Wars don’t last long with out money.

    • Wolf@lemmy.today
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      11 天前

      the president gets to deploy the military where ever he wishes (outside the US, posse comitatus etc). That includes invading a sovereign nation or raining missiles down on one.

      That is how it’s been interpreted, it’s not actually what the founders had in mind when they wrote the constitution. They wanted congress to be a check on the presidents ‘commander in chief’ role by reserving the right to declare war for congress. If the president can still effectively declare war without a declaration of war, it’s the same as not having that check in the first place. It’s basically a loophole that presidents have been using to do illegal things

      After it was either 60 or 90 days, I forget, congress gets to “review” the decision, the problem is they have no power other than financial if they wish to stop the war.

      It’s 60 (with an additional 30 days to withdraw the forces) as outlined in the War Powers Resolution of 1973. This was an attempt by congress to close that loophole.

      It’s true that they can cut off funding (as per Section 5c of the WPR), but congress pretty much already had that power as per the constitution and that’s not actually their only recourse. It’s still technically illegal for the president to do that (which means squat thanks to the SCOTUS) but he can be challenged through the courts for it. He could also be censured and as you mention impeached for it. None of those things are likely to happen now, but my point is Bernie is basically technically correct if not practically correct.

      • thanksforallthefish@literature.cafe
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        11 天前

        That is how it’s been interpreted, it’s not actually what the founders had in mind when they wrote the constitution. They wanted congress to be a check on the presidents ‘commander in chief’ role by reserving the right to declare war for congress.

        Agreed, the founding fathers definitely didn’t want a king who could wage war at his whim, but unfortunately the constitution as drafted didn’t envisage a standing army under the bidding of the President, it expected militias to be levied for defense as required.

        It’s still technically illegal for the president to do that (which means squat thanks to the SCOTUS) but he can be challenged through the courts for it.

        Kinda but not really. Something is only illegal if it is within the powers of the lawmaker to bind in that way. If the constitution doesn’t provide that power then it is ultra vires and as if the law didn’t exist. Unfortunately the constitutionality of the 1973 act is definitely questionable - I listed more in another response but

        https://en.wikipedia.org/wiki/War_Powers_Resolution#Questions_regarding_constitutionality

        and

        https://en.wikipedia.org/wiki/Campbell_v._Clinton

    • sqgl@sh.itjust.works
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      11 天前

      Your comment contradicts the Wikipedia entry

      The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) (50 U.S.C. ch. 33) is a federal law intended to check the U.S. president’s power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, “statutory authorization”, or in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces”.