I know Congress needs to be involved to actually declare war, but there have been a number of times where something was kicked off by presidential authority alone.
If Biden wanted to, could he start a conflict against Russia without congressional approval. If not, what approval would he need? If so, what would be the theoretical limitations to his power and military authority?
I am already assuming people would want some definition of what “conflict” would mean in this hypothetical scenario. So let’s say it means Biden authorized US troops at the Ukrainian border and had them launching shells into Russia.
Technically only Congress can authorize a war. However, the president can and often will undertake “peacekeeping efforts” or “counterinsurgency operations” or “targeted strikes” without congressional approval.
Whether anyone could stop a president issuing an order is another question. The president is the commander in chief - the military reports to the president, not Congress. If the president tried to order the military to do something unconstitutional (like fight a war that was not authorized by Congress or, idk, overturn an election) then we’d be in a constitutional crisis. In such a crisis, either the military disobeys the president (which is unconstitutional) or the president violates separation of powers (which is unconstitutional)
The American system of government relies on three branches all participating in good faith. As soon as that stops, it all falls apart. Though government is just a series of rules and norms. Rules and norms won’t stop soldiers all the time.
The War Powers Act limits use of force by the President to 90 days of military operations. After that, the President’s powers are specifically limited by the act.
Congress still authorizes extended operations, even if they are not declarations of war.
For example, the Authorization for Use of Military Force 2001 authorized military force “against those responsible for the September 11 attacks”, which authorized both operations in Afghanistan and more global force. This has been controversial, as the interpretation of which groups were partially responsible has been broadly interpreted. However it was still a congressionally approved authorization. Congress could, if it so desired, revoke that authorization.
Separately, the invasion of Iraq was authorized by Congress by the Authorization for Use of Military Force Against Iraq Resolution of 2002.
So Biden, or any president could essentially start a conflict/war/whatever between the election and inauguration has been my take away.
I am fascinated by the minutae of hypothetical government actions, because it seems like at this point we are going down a road where they are more likely.
There’s what’s legally possible, and what can be done in reality.
No one is going to let Biden unilaterally attack Canada; he’d be impeached AND thrown out under the 25th Amendment five minutes after he announced the attack.
You say that but that isn’t how it would happen.
There would be months or years of prep work, spreading propaganda that Canada was the source of our woes, that they were wronging us. By the time we invaded there’d be just enough “legitimate discourse” about the invasion that the Presidents supporters could claim any effort to stop him was political.
There was a time not long ago where people said you couldn’t do lots of things or you’d get thrown out - then Trump did many of them, even got impeached (twice!) and stayed in office. In practice, these limits are at best inconvenient for a dedicated lunatic.
No analogy is going to be perfect.
So Biden, or any president could essentially start a conflict/war/whatever between the election and inauguration has been my take away.
If a President wants to fart on the way out, they have a lot of authority. The President alone has sole authority to launch a nuclear strike, with no need for oversight by anyone else, so there are certainly bigger plays than “merely” authorizing ground forces to partake in a conflict.
I am fascinated by the minutae of hypothetical government actions, because it seems like at this point we are going down a road where they are more likely.
Recency bias makes everything in the now seem more important, and more uncertain than things in the past were at the time. There are many mitigating factors in a President who is on the way out who orders military intervention out of spite that will make it likely much less catastrophic than you might imagine.
either the military disobeys the president (which is unconstitutional) or the president violates separation of powers (which is unconstitutional)
I don’t see how disobeying your boss is unconstitutional. It may be detrimental to your job but it’s not unconstitutional
As other posters have said, there’s lots of wiggle room in who can start military action, starting with the War Powers Act, so no violation of separation of powers either
I don’t see how disobeying your boss is unconstitutional.
Article II, Section 2 of the U.S. Constitution gives the President authority to command the U.S. military. The military refusing a lawful order is therefore going against the chain of command created by the Constitution.
I mean in the literal sense the president is commander in chief of the armed forces. Disobeying their orders is defying their constitutional authority.
The issue is obviously more complicated than that just-so story. My point is not that if the president says to shoot the speaker of the house, soldiers must do it or they are behaving unconstitutionally. My point is that the president has the authority to direct the military to do things, and when the president uses that authority to undermine democracy in the US that act is a constitutional crisis because it pits two branches of government against each other in an irreconcilable way.
The President has to report all use of military force abroad to Congress within 48 hours, and those forces can’t be committed for more than 60 days without Congressional approval, either in the form of a Declaration of War, or an Authorization for the Use of Military Forces resolution.
Starting point for research: https://en.m.wikipedia.org/wiki/War_Powers_Resolution
Ìt used to be when Dick Cheney said so, usually when he noticed some oil fields crying for freedom. Not sure who’s calling the shots nowadays.
If Biden wanted to, could he start a conflict against Russia without congressional approval. If not, what approval would he need? If so, what would be the theoretical limitations to his power and military authority?
He could do it for 90 days, at which point to legally continue, Congress would need to authorize an extension. A declaration of war is unnecessary, but an authorization of force (which is let’s call it a more polite euphemism for the same end effect) is at least.
Continued military operations beyond that time would trigger a big political mess. As a practical matter, military forces would still most likely follow presidential orders while the president was either forced to order an orderly withdrawal by Congress, or Congress gave in and retroactively authorized force (either a limited authorization to allow an orderly retreat or a more open ended one for a continuing military posture).
If the political situation was intractable, you’d likely be looking at an impeachment hearing.
I would be really interested to see how it plays out if Congress decided to try and put the pin back in the president’s grenade. Would the US be forced to pay reparations? Would the military industrial complex flex its own political muscles more overtly than ever? How would that pan out in elections?
You raise interesting discussion points, but I’m tired, so I’m going to engage in them by way of memes.
Would the US be forced to pay reparations?
Would the military industrial complex flex its own political muscles more overtly than ever?
How would that pan out in elections?
The questions were rhetorical but yeah
Jesus
