| ▲ | juniperus 2 hours ago | |
well that specific scenario is its own mess of competing authorities. Theoretically, the president is commander in chief, so he controls the armed forces. But congress has the authority to make a declaration of war. But the president as commander in chief can direct troops for national security or other purposes. Military action can happen without a war being declared. It becomes a bit of a game of semantics because the argument is that war is different than military action, then the legal interpretations of words and whatnot becomes the focus. Courts tend to not really go too deep into this issue, I suppose. It's something of a gray area. So the counterpoint is that the law wasn't ignored, it was interpreted differently, because of this concept that military action isn't necessarily war. Courts usually will spell out these interpretations more clearly and refine the law, but when it comes to war, I think they don't want to litigate that too quickly. | ||