Quote:
Originally posted by Dan in Pasadena
What it means is what the Supreme Court rules it means.
What have they (if ever) ruled on that language historically?
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Before 1900, most of the rulings I know about centered on making Lincoln's actions in 1861 legal after the fact. This did establish precedent which Bush II uses today. However, modern cases that have been brought to court over the War Powers Act have been rejected by the court as an argument between the Executive and the Legislative branches in which the court will not involve itself. IOW, judicial cowardice at its finest.
The effect has been to allow the Executive Branch to assert its control of the military fulltime, including a standing Army which the founders attempted to prohibit, and to put the military and to go to war anytime the Executive branch desires to do so.