“The President has no constitutional authority…to take this nation to war against a county of 70 million people unless we’re attacked or unless there is proof we are about to be attacked. And if he does, if he does, I would move to impeach him.” – Senator Joe Biden 2007
The Framers always intended that one man should be able to start a war any time he feels like it.Sure Joe Biden disagreed, but that was in 2007. The law stopped applying in 2008. All laws did. And if you disagree, well you’re probably racist. (But only if you disagree after 2008)
via FrontPage Magazine.
Obama Also Said Military Action Without Congressional Approval Is Unconstitutional
Then-Senator Obama likewise agreed with the assessment from Biden saying the President of the United States could only authorize an attack in the instance of “imminent threat” to the nation, responding to a question to a 2008 Boston Globe questionnaire on executive authority.
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.
As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.
As for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.” The recent NIE tells us that Iran in 2003 halted its effort to design a nuclear weapon. While this does not mean that Iran is no longer a threat to the United States or its allies, it does give us time to conduct aggressive and principled personal diplomacy aimed at preventing Iran from developing nuclear weapons.
The White House is currently weighing a response to Syria’s use of chemical weapons.
Senator Joe Biden Interview with Chris Mathews
You said that if the President of the United States had launched an attack on Iran without congressional approval that would have been an impeachable offense. Do you want to review that comment you made? Well how do you stand on that now?
Senator Joe Biden:
Yes I do. I want to stand by the comment I made. The reason I made the comment was as a warning. I don’t say those things lightly, Chris, you’ve known me for a long time. I was chairman of the judiciary committee for 17 years or its ranking member. I teach separation of powers and constitutional law. This is something I know. So I got together and brought a group of constitutional scholars together to write a piece that I’m going to deliver to the whole United State Senate pointing out the President has no constitutional authority…to take this nation to war against a county of 70 million people unless we’re attacked or unless there is proof we are about to be attacked. And if he does, if he does, I would move to impeach him. The House obviously has to do that but I would lead an effort to impeach him. The reason for my doing that, I don’t say it lightly, I don’t say it lightly. I say it because they should understand that what they were threatening, what they were saying, what it was adding up to be, what it looked like to the rest of the world we were about to do would be the most disastrous thing that could be done in this moment in our history that I could think of.
Sen. Joe Biden: Iran & Impeachment
- Obama administration sources: President has no constitutional authority to unilaterally attack another country
- FLASHBACK – Joe Biden: ‘Framers Intended To Grant Congress Power To Initiate All Hostilities, Even Limited Wars’