> Don't you need an AUMF for this, at least in theory?
That depends on which theory, and whose narrative of the facts relevant to the theory you accept.
For theories, there are three important ones to consider:
(1) The War Powers Act is Constitutional and its terms govern Presidential use of force without a separate Congressional authorization,
(2) The War Powers Act is an unconstitutional limit on the President's inherent authority and the President's powers to prosecute war abroad, without a Congressional declaration, are broader than the War Powers Act would suggest, and
(3) The War Powers Act is an unconstitutional delegation of reserved Congressional powers to the Executive, and has no effect, leaving the President's powers to prosecute war abroad without a Congressional authorization narrower than the War Powers Act would suggest.
As to relevant factual narratives, there are at least two salient alternatives:
(1) The Government of Venezuela, through the vehicle of the Tren de Agua gang which, in fact, is an instrumentality of the state, has conducted and is conducting, since sometime before March 14, 2025, an invasion of the United States as described in President Trump’s invocation of the Alien Enemies Act, and therefore the US is, and has been for some time, engaged in a defensive war against that attack by Venezuela,
(2) The invasion described in #1 is a fantasy, has not occurred, and the US is not engaged in a defensive war against a Venezuelan invasion.
bloppe|1 month ago
yakaccount4|1 month ago
dragonwriter|1 month ago
That depends on which theory, and whose narrative of the facts relevant to the theory you accept.
For theories, there are three important ones to consider:
(1) The War Powers Act is Constitutional and its terms govern Presidential use of force without a separate Congressional authorization, (2) The War Powers Act is an unconstitutional limit on the President's inherent authority and the President's powers to prosecute war abroad, without a Congressional declaration, are broader than the War Powers Act would suggest, and (3) The War Powers Act is an unconstitutional delegation of reserved Congressional powers to the Executive, and has no effect, leaving the President's powers to prosecute war abroad without a Congressional authorization narrower than the War Powers Act would suggest.
As to relevant factual narratives, there are at least two salient alternatives: (1) The Government of Venezuela, through the vehicle of the Tren de Agua gang which, in fact, is an instrumentality of the state, has conducted and is conducting, since sometime before March 14, 2025, an invasion of the United States as described in President Trump’s invocation of the Alien Enemies Act, and therefore the US is, and has been for some time, engaged in a defensive war against that attack by Venezuela, (2) The invasion described in #1 is a fantasy, has not occurred, and the US is not engaged in a defensive war against a Venezuelan invasion.
mullingitover|1 month ago