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Transcript

Hot takes happy hour with Elise and Dany

A recording from Elise Labott's live video

Always great to see you all:

Dany has assembled some good reading material (links below about the debate over whether Congress has the sole power to declare war when it comes to Venezuela, as well as some objections to the President’s military campaign - including from conservatives -that are worth reading.

Here’s a nice little outtake from an analysis by the Constitution Center

In modern times, however, Presidents have used military force without formal declarations or express consent from Congress on multiple occasions. For example, President Truman ordered U.S. forces into combat in Korea; President Reagan ordered the use of military force in, among other places, Libya, Grenada and Lebanon; President George H.W. Bush directed an invasion of Panama to topple the government of Manuel Noriega; and President Obama used air strikes to support the ouster of Muammar Qaddafi in Libya. Some commentators argue that, whatever the original meaning of the Declare War Clause, these episodes (among others) establish a modern practice that allows the President considerable independent power to use military force.

Dany (with an assist from her lawyer hubby, Stephen) notes that no White House has recognized the War Powers Resolution as binding or constitutional, and that’s unlikely to change. Which is why most conflicts in the modern era were fought without authorization and without a declaration of war—and without serious effort by Congress to claw back any prerogatives it might have. Congress isn’t without power, however. It can cut off funding for military action, for example. That isn’t being discussed because Congress is asleep at the wheel. When they wake up and decide to start governing, maybe they will consider it. Probably not.

As Dany and I discussed—the issue here is not that President Trump is using military force. Like with many of his policies, including tariffs, deployment of the National Guard, and so many others, it’s the legal justification his administration uses. One reason could be that there are so many agendas, but no real strategy.

Send us your comments and see you next week!

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SHOWNOTES

Dany’s piece #WTH Donald Trump is not wrong about Europe

Elise’s piece : Power without Purpose and discussion with Barbara Starr on Venezuela, Hegseth and National Security Strategy

Kamala Harris interview with NYT

Some Venzuela reading and war powers texts:

The Terrorism Confusion in the Caribbean (National Review)

War and the Constitutional Text

Declare War Clause

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