The President shouldn't have the legal authority to conduct any drone strikes without a declaration of war from Congress. We've been ignoring the Constitution for a very long time.
What part of the Constitution are we ignoring?
According to the Constitution, the President is the Commander in Chief of the armed forces. The Constitution does not say that war must be declared for the armed forces to operate. Thus, ordering a drone strike without Congress' input would seem well within the scope of the President's powers.
It does. Armed forces killing people is a state of war. If not, it's policing then it's under the judiciary authority, not the president.
There are a number of amendments that could be pretty reasonable argued to give citizens the right not to get killed by drone strikes.
Drone strikes on foreign targets are most analogous to the historical practice of issuing “letters of marque and reprisal,” which allowed private actors (privateers) to act on behalf of the state to take out pirates.
Issuing such letters is an enumerated power of Congress, not the Presidency. So if the President does so unilaterally, they are acting outside their Constitutional authority.
The risks of abuse to military power are real and significant, which is why the power was placed in the body closest to the people - so that such actions would be consistent with the public will.
https://constitution.congress.gov/browse/article-1/section-8...
Yes it does, by reserving for Congress the right to declare war. Obama's drone strikes were carried out under the 2001 AUMF against al-Qaeda and the Taliban.
At the same time, the president's agencies no longer have the authority to do whatever they want.
So I guess the president can order the military to drone strike the FCC if he wants at this rate. I don't see what influence the Constitution is still going to have at this point.
I mean, if Obama went to prison for the drone strikes he ordered, his sacrifice would be less than many common soldiers have made.
I want Presidents willing to put their lives on the line and their actions under the law. Is that too much to ask?
What does that mean? I'm not familiar with detached subthreads.
Since Thomas Jefferson sent Navy & Marines after the Barbary Pirates without consulting Congress.
> As the Supreme Court concluded, the United States is in an armed conflict with al-Qaeda, and Congress’s 2001 Authorization for the Use of Military Force—along with the president’s commander-in-chief authority under Article II of the Constitution—provides ample domestic legal authority to conduct military operations against al-Qaeda.
tl;dr: We haven't been ignoring the Constitution for a very long time.