Forget that separation of powers of stuff that if you’re old enough, you may have learned in an American Government class somewhere. If the president wants to make war, he just makes war. From Andrei Akulov at strategic-culture.org:
The US Constitution says that only Congress can declare war for an extended time but there is a workaround. Congress approved the 2001 Authorization for Use of Military Force (AUMF), giving the president the authority to track down and destroy al-Qaeda and the Taliban. The resolution stipulates that “The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” The resolution’s 2002 version gave President Bush the authority to invade Iraq. Only 25 percent of the current members of Congress in the House and Senate were present when the current AUMFs were passed.
Sen. Chris Murphy, D-Conn., and several other Democrats are asking whether a new law authorizing the use of military force should be written. They are planning to introduce legislation that would prohibit Trump from starting a pre-emptive war against North Korea, absent an imminent threat or without express authorization from Congress. They call for one without a sunset date, saying that Congress needs to have a voice.
The deadly incident in Niger last month ignited a push among many members of Congress to update the legal parameters for combat operations overseas. The revelation that the US is at war in Niger, without Congress even knowing, was startling. This is the perfect illustration of the US’s permanent war posture around the world, where battles are waged with little or no public scrutiny and no congressional authorization. All previous attempts to ditch the old authorization and force Congress to craft a new one have failed. For years now, Congress has abdicated its responsibility to debate and vote on US wars.
This time lawmakers mentioned the possibility of using military force in crises involving North Korea, Iran and Venezuela, as well as the ongoing efforts against multiple militant groups that did not exist at the time the AUMF came into force. The AUMF authorized military actions only against al Qaeda, the Taliban and other perpetrators of the Sept. 11 terrorist attacks.
To continue reading: US Administration Defends Its Right to Start Wars on a Whim