Tenth Amendment Center: Andrew Napolitano: Government Branches Can’t “Exchange or Mix” War Powers
A Senate proposal would allow the president to declare any person or entity – including U.S. citizens on U.S. soil – a terrorist or terrorist organization and deploy the U.S. military against them. In a Fox News video segment, Judge Andrew Napolitano emphatically declared the bill unconstitutional.
“This is a flagrant disregard for the Constitution’s separation of powers by “basically letting the president declare war on a person or group or country or government,” he said.
On his show, Napolitano explained that “the Constitution says the Congress has certain powers to write the laws and declare wars. The president has certain powers to enforce laws and wage war. The courts have certain powers to interpret the laws or invalidate them if they violate the Constitution. These powers can’t be exchanged or mixed…because that is tantamount to amending the Constitution.”
He further warned that the bill is “not aimed at Donald Trump, it’s aimed at the presidency.”
Photo by Gage Skidmore, Flickr under a Creative Commons 2.0 license