The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional

Yesterday, I wrote a column in the Hill discussing how Trump is unlikely to go to Congress in launching an attack on Iran and how he has history on his side in acting unilaterally. The column noted that many Democratic politicians and pundits who were supportive of such unilateral actions by Democratic presidents such as Bill Clinton and Barack Obama are suddenly opposed to Trump using the same power. It is the Claude Rains School of Constitutional Law where politicians are “shocked, shocked” that Trump is using the authority that they accepted in Democratic predecessors.

Democratic members are calling for impeachment, while others are declaring the attacks unconstitutional. Senate Minority Leader Chuck Schumer is particularly shocked that Trump took the action and is calling for a vote under the War Powers Act.

Schumer insisted that “no president should be allowed to unilaterally march this nation into something as consequential as war with erratic threats and no strategy.” House Minority Leader Hakeem Jeffries has issued a similar statement.

Schumer is the same politician who was silent or supportive in earlier unilateral attacks by Democratic presidents. In 2011, Obama approved a massive military campaign against Libya.  I represented a bipartisan group of members of Congress challenging that action. We were unsuccessful, as were such prior challenges.

I have long criticized the abandonment of the clear language of the Constitution on the declaration of wars. Only eleven such declarations have been made in our history. That has not happened since World War II in 1942. Over 125 military campaigns have spanned from Korea to Vietnam, Afghanistan, and Iraq. It is not a rule honored solely in the breach.

Democrats were supportive when Clinton launched cruise missile attacks under Operation Infinite Reach on two continents on August 20, 1998. He ordered attacks in locations in Khartoum, Sudan, and Khost Province, Afghanistan.

The War Powers Act has always been controversial and largely ineffectual. Presidents have long asserted the inherent powers to conduct such attacks under their Article II authority as the designated Commander-in-Chief of the Armed Forces. The WPA requires the President to inform Congress within 48 hours in a written notice to the Speaker of the House of Representatives and the President pro tempore of the Senate of the action.

The WPA further bars the use of armed forces in such a conflict for more than 60 days without congressional authorization for use of military force (AUMF) or a declaration of war by the United States. There is a further 30-day withdrawal period.

President Trump reportedly did immediately notify Congress after the attack under the WPA .

Presidents have routinely ignored the WPA when it limited their ability to conduct foreign military operations. In 1999, Clinton ignored the 60-day deadline and continued to bomb forces in Kosovo. His actions were also challenged, but the court in Campbell v. Clinton just shrugged off the violation and said it was a non-justiciable political question.

In responding to the current demands, Trump could look to a curious ally: Hillary Clinton.

Secretary of State Hillary Clinton pushed for unilateral attacks during the  Obama Administration. She dismissed the need to consult, let alone secure authorization, from Congress. In March 2011, Clinton testified that there was no need for such consultation and declared that the Administration would ignore a 60-day limit on unauthorized military actions.

Obama also defied the War Powers resolution on Syria. He actually did ask for congressional authorization to take military action in that country in 2013, but Congress refused to approve it. He did it anyway.  Despite Congress expressly denying”authorization for the introduction of United States Armed Forces,”  both Obama and Trump did precisely that.

Trump was wise to notify Congress. However, what occurs after that is anyone’s guess. The WPA and the AUMF have been paper tigers for decades and most in Congress wanted it that way. Politicians long ago abandoned their responsibilities to declare war. What remains has been little more than political theater.

Even under the WPA, Trump would have 60 days to prosecute this war and another 30 days to draw down forces without congressional approval. The court, in Campbell v. Clinton, noted that even if Clinton violated the WPA by continuing operations after the 60-day period, he was technically in compliance by withdrawing forces before the end of the 90-day period.

Trump could likely prosecute this campaign in 90 days. Indeed, if it goes beyond 90 days, we will likely be facing a potential global war with retaliatory strikes on both sides. In such an environment, it is very unlikely that Congress would withhold support for our ongoing operations.

In the meantime, the calls for impeachment are absurd given the prior actions of presidents in using this very authority. Once again, some Democrats appear intent on applying a different set of rules for impeaching Trump than any of his predecessors. Trump can cite both history and case law in allowing presidents to take such actions. At most, the line over war powers is murky. The Framers wanted impeachments to be based on bright-line rules in establishing high crimes and misdemeanors.

This is all part of the Claude Rains School of Constitutional Law. Members will once again express their shock and disgust in the use of the same authority that they once accepted in prior presidents. Trump has a great number of risks in this action from global military and economic consequences. The War Powers Act is not one of them if history is any measure.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and has both testified and litigated in the area of war powers, including the prior representation of members of Congress. He also testified in both the Clinton and Trump impeachment hearings.

N.B.: A slightly different version of this column ran on Fox.com

279 thoughts on “The Claude Rains School of Constitutional Law: Democrats Denounce Iranian Attack as Unconstitutional”

  1. This is shaping up to being a well-coordinated military operation pursued by two allies (USA & Israel) and likely secretly assisted by other “friends” in the region. Operational security obviously was vital in achieving a successful outcome. Just imagine what would have happened if, under the WPA, President Trump had notified Congress before embarking on this mission. The Obama-Biden cartel promised action but delivered nothing but words (and a lot of money to the enemy). The WPA is clearly unconstitutional in that it limits the Article II powers of the Executive (POTUS) and it flies in the face of the presidential oath to protect and defend the Constitution against all enemies, foreign and domestic. It remains on the books only because no one has standing to challenge it, take it to the Supreme Court and have it overruled as unconstitutional. Democrats, in their usual race to defend their coveted 10 percent of opinion polls that they still manage to hold onto, will probably launch another ham-sandwich impeachment that will go nowhere. The world is full of strange and wonderful things. Who could have predicted that John Fetterman, an unusual politician in PA, suffering from the after-effects of a cerebral stroke and barely able to talk, would eventually recover and become a reasonable example of what true and patriotic Democrats used to be? Schumer and Jeffries are making fools of themselves and their party. Both Iran and the DNC have a lot of rubble to crawl out from under this morning if they hope to have any future whatsoever on this planet.

  2. Schumer (in the “Statement” cited, above):

    Trump has “no strategy.”

    Decoy bombers while the real ones wipe out Iran’s nuclear weapons programs. Then return home without a scratch.

    Seems to me like a brilliant strategy. (Certainly more effective than Jimmy Carter’s.) And a dramatic illustration of how an administration based on *competence* operates.

      1. My orthodox Jewish husband says that he is ashamed to even share a Jewish heritage with him and he refers to him as “The Lizard King”.

        1. Chuckie sold out America years ago, he only sold out Israel once AOC started to threaten his senate seat. He is the epitome of an ageing Democrat, not as radical as AOC’s wing, but pretending to be to pander to the new base of the Dems. I can’t say which is worse, the AOC wing or the Schumers of the world, but they are both bad for America.

        2. I think there is recognition that Jewish by birth doesn’t mean the person uses that gift wisely. The same is true with people who inherit large amounts of money and snort it away.

          1. Quite so; there are ethnic Jews and then there are religious Jews who follow the Torah. Chuck does not follow the Torah, neither do any reform Jews.

            1. Schumer is a wicked opportunist, cloaking himself in Judaism while empowering those who threaten it. I hold no bias against anyone only that they live by the moral teachings of the Torah.

    1. I remember well the debacle in the desert. President Carter, I believe, felt that American greatness was diminishing and seemed resigned to humiliation. That was a dark day in our history.

      We in the west are too quick, at times, to overlay our western mindset on those in the Mideast. They understand power. They understand strength. They may not like it, but they understand it.

      Kudos to the United States military, and for Commander-in-Chief who has the fortitude to make tough decisions. It is difficult to say what the ultimate outcome will be, however it was something that had to be done. I hope all turns out well.

      1. It was also a dark time when our muslim-lite president sent pallets of money to an islamic nation at the very tail end of his administration, yet no democrat seemed to mind that – why is that?

        1. As I wrote earlier, giving cash to Iran is 1000 times more impeachable than bombing them. Obama, and his puppeteers in the Biden administration, emboldened, supported and encouraged Iran to be able to grow in military and economic power to the point where they were able to build up Hamas (we saw how that turned out and all of the leftists crying over dead Gazans today need to know that it is all Iran’s fault), Hezbollah and the Houthis which has led to the destruction of Gaza, the destruction of Lebanon and the closing of the waterways of the middle east. Obama and Biden did this, Trump and Israel ended it.

          1. hullbobby and whimsical:
            couldn’t agree more.
            I am hoping that our negotiating talks with Iran will NOT include $$$ but rather with supplying it with ALTERNATIVE forms of energy sources and products/materiel, -in return for the total disclosure and forfeiture of remaining nuclear component materiel. That is a “hot” (literally) geographical area of the globe; perhaps help them (and ourselves) with a stage/platform for more solar power R&D?

          2. That was the entire point. Obama is a muslim jihadi. Period. He tried to destroy the “Great Satan” with his policies and his treason. As for Biden, he was too far down th rabbit hole to do anything except follow the directions of his handlers. He, Obama, Clinton, both of them, need to stand before a Nuremberg style tribunal.

        2. whimsicalmama posted: It was also a dark time when our muslim-lite president sent pallets of money to an islamic nation at the very tail end of his administration

          That’s the same president who sat at the front of Reverend Jeremiah Wright’s Baptist church for nearly two decades, soaking up Wright’s virulent racism, anti-Semitism and Marxism racism towards Americans.

          Amuse yourself for a few seconds imagining if Obama supposedly was Muslim, and attempted to tell his wife Moochelle that she had to properly dress and conduct herself as the wife of a Muslim!

          Obama spent FAR more time in his adult years cosplaying as being religious, as a Baptist, than the few years he spent as a child living with his step-father who was a Muslim, and attending a Muslim school in Indonesia, country that swiftly (and often terminally) deals with radical Muslims attempting to stir up trouble . Which is why we hear very little about Muslim hajji activity in that country.

          His mother after that then put him in the care and teachings of a black American Communist Party leader when they arrived back in America.

          Obama has no religious beliefs, Muslim or Baptist. Obama’s only God he worships is himself and expecting fawning idolatry, while he craved the chance to play the lead role on the world stage with America and the world forced to be his audience. Doing that paid him very, very well. He still continues getting the same reception as though he were a movie star in the cocktails and canapes social world he continues to grift around in.

          Obama did repeatedly confirm his vitriolic Anti-Semitism throughout his years in office. But as a Democrat, he could have got it from the Democrat Kluxxers like Joe Biden and others that he hung out with. The Baptist Reverend Jeremiah Wright regularly went on Anti-Semitic screeds from the pulpit of course, so it could have been there as well.

          1. I am sorry that I probably won’t live long enough to read the final tell-all book as to how this odd and somewhat creepy black guy rose so swiftly to the top of the democrat hierarchy. Sure biden called him well spoken and clean (or something in that manner) but other than that, what set him so high other than his communist ties and his anarchic ties to the likes of bill ayers? He was a plant, I am certain, but who pulled those strings?

  3. Shocking, shocking…

    If this goes the way it is planned it will be the most stunning art of the deal ever known in world history.

    Great security, no leaks

  4. Every time America is on the verge of greatness, we get involved in another foreign war.

    There would not be bombs falling on the people of Israel if Netanyahu had not dropped bombs on the people of Iran first.

    Israel is a nuclear armed nation.

    This is not our fight.

    Peace is the answer.

    1. “There would not be bombs falling on the people of Israel . . .”

      Seriously?

      Is your idea of “history” what you had for breakfast yesterday?

    2. Peace? How does Iran, a country of jew haters negotiate peace? They do not know the concept of peace. Islam is pure hate.

    3. I am not sure if pointing this out will help with your understanding of events but I will try. Over the last several years, Iran through it’s proxies have murdered, raped, beheaded, captured innocent civilians, shot missiles, sunk ships and attacked U.S. citizens, military and Israelis’. So Israel did not act first nor did the U.S.

    4. UM… did you forget Oct 6 2023? What truly started that? Please read more history and far less prog propaganda before posting…

      1. My comment at 9:30am concerning “peace is the answer” is not actually my comment.

        Your comment that you’re hoping to deflect from, is YOUR claim that Israel started this – and this isn’t our war despite the fact Iran has been using its terrorist thugs and Quds Force to butcher THOUSANDS of Americans for DECADES.

        Attempting to deflect to Greene and attempt to use her as your beard is not just sophomoric – it’s beyond that, to the point of being infantile.

  5. The Dems hypocrisy on this unquestionable. Their legislation against going to war with Iran and calls for impeachment are also right. Perhaps they, in concert with the few Repubs who are in agreement, can reassert Congressional Article I authority to go to war that Congress has long abandoned.

    Can anyone think of a statement more bizarre than Trump’s last night announcing he had executed acts of war, bombing another nation, then asserting he wants peace? He is as demented and detached from reality as old Joe. There is no excuse for putting us geezers in the most powerful and stressful job in the world. It is a recipe for disaster, as we are proving across administrations.

    1. “. . . a statement more bizarre than Trump’s last night announcing he had executed acts of war, bombing another nation, then asserting he wants peace?”

      Pretty sure that peace was achieved *after* the WWII Allies bombed France, Italy, Germany, Japan. And that the purpose of those bombings was to achieve peace — which they did.

      Are some people really that ignorant of history?

      1. Guess you are, amazing. WWII was pursuant to a Congressional declaration of war. This is Trump taking unconstitutional unilateral executive action to execute an act of war, aggression against a country with whom we are not at war, then bleating that he wants peace. It is like someone punching you in the nose then claiming I don’t want to fight. A subtlety that is apparently well beyond your ability to comprehend. It makes the Dems hypocrisy seem mild, although no more justifiable, in comparison.

        Dementia takes many forms. Today we are seeing an example of a different variation than we have had for the last four years. Are we lucky or what?

        1. “It is like someone punching you in the nose . . .”

          I think what you mean is: Punching a *bully* back in the nose. *Retaliatory* physical force is the righteous use of force. Appeasing a bully only serves to embolden the bully.

          You, on the other hand, believe in bending over and grabbing your ankles. Let me know how that works out.

        2. This is Trump taking unconstitutional unilateral executive action to execute an act of war, aggression against a country with whom we are not at war. It is like someone punching you in the nose then claiming I don’t want to fight.

          How many punches in the nose over DECADES, represented by every American and American soldier butchered or maimed by Iran’s terrorists or Iranian advanced AEDs and training supplied by Iran’s Quds Force, does it take before you decide that, yes, after thousands of punches in the nose i.e. American victims, they do indeed want a fight?

          You hope to cosplay here that Trump was the first president to unilaterally launch an attack on a country that we weren’t in a declared war with? Carter’s failed attempt to mount an assault straight into Tehran to bring back hostages? Clinton’s numerous attacks on countries we weren’t at war with? Obama’s attacks on Libya and others we weren’t at war with?

          Just Trump? BBBUUUTTTTT…. MUH TRUMP!!!!

          You COULD spend the time you waste here hoping to have credibility instead explaining to the families of the THOUSANDS of Americans butchered and maimed by Iran over the decades through their terrorist forces and the advanced IEDs their Quds Force supplied the Afghan hajjis with, that they can take comfort in their loss that these actions by Iran to butcher and maim their family members was at least not an act of war.

          Would attempting to sell that argument overload your ability to comprehend issues. Your form of dementia to advanced to understand any of that?

          Are we lucky or what to have your brilliant intellect on display here or what!

    2. Congress has not abandoned anything. Congress has the power to declare war. But the president has the power to take whatever action he deems in the USA’s best interest. He doesn’t need a declaration of war to do so.

      The WPA is of dubious validity, but Trump, like every president before him since it was passed, voluntarily complies with it. As he did this time. He notified Congress within 48 hours, as the WPA requires. That is all he had to do. What Congress does about it now is its choice.

      There is nothing dumb about attacking and then saying he wants peace. What’s dumb is pretending that’s a contradiction. Having smitten our enemy a mighty blow, that is the best time to offer peace. Iran can either take him up on it, or get hit again.

      If you don’t feel up to being president, don’t run for it. Trump does feel up for it, and is doing a better job at it than any of his predecessors in decades.

      1. Truly, we have had almost half of a century of “diplomacy” attempting to cage a fanatic theocratic vision of a world caliphate. Just how many more years should we have “talked” to those who have absolutely no plans to compromise on their world-wide quest? We are NOT a nation comprised of Neville Chamberlains wanting to appease a hungry beast.

    3. Lefty665,

      consider these lyrics from the Doobie Brothers song, “One Chain (Don’t Make No Prison”, from the 1989 album, “Cycles”:

      “One chain don’t make no prison,
      Two wrongs don’t make no right.
      One rain don’t make no river,
      One punch don’t make no fight.”

      You folks on the left are so niaev. At the end of WWII we had 3, count ’em, 3 nukes — 1 tested in New Mexico, 2 actually used in anger. No one else had even one, so it stopped there.

      Now, flash forward 80 years. If even a single nuke were detonated over one of Israel’s cities, it’d be like Lays Potato chips — it wouldn’t stop at just one.

      Let that sink in for a bit, OK?

    4. He is as demented and detached from reality as old Joe. There is no excuse for putting us geezers in the most powerful and stressful job in the world.

      And you Marxist Lefty Geezers who voted for The Oval Office House Plant now want masterful children and their intellects like AOC in the Oval Office – because being a grifting young barista cum politician is perfect for that most powerful and stressful job in the world!

      There’s no excuse for you Lefty’s happily voting for and defending The Oval Office House Plant – and thinking you can get away with posting some vintage BullSchiff that Trump is just as demented as The Oval Office House Plant.

      Tell us how bizarre you think it is when people here think you have about as much credibility as The Oval Office House Plant.

      1. You guys are amazing with both your ignorance and its intensity. Among other things you don’t know the difference between Iraq, where we also started a war of aggression, and Iran. Those thousands of deaths you cite are the result of our war of aggression in Iraq, not Iran’s. Iran has not started a war with anyone for a century and a half.

        The War Powers act only grants authority to act without written Congressional approval in response to an emergency, a direct attack on America or its forces. Your very citation of long term Iranian meddling is the definition of chronic versus emergency. You make the argument against your against your argument. Nothing happened that would trigger a President’s authority to act unilaterally without Congressional approval. Trump’s attack on Iran is grounds for impeachment.

        I’ve voted 3rd party for the last 3 presidential elections because the candidates for both major parties were so horrid that I could not stand to have my vote polluted by supporting any one of them.

  6. So much for O-dumber sending Iran all the US dollars to build nukes.

    O-well. Great job Prez Trump.

  7. Andy Mcarthy on his 6/18 podcast goes over the nuances of the 2001 AUMF [i dont think he even touched on the WPA] and then provided examples for how this applies to iran.

    SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
    (a) IN GENERAL.—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

    Heres just 2 examples:
    1`- 9/11 Lawsuit: Federal Court Awards $7 billion in final judgment against Iran and Hezbollah: The families had already won a December 2011 ruling from Judge Daniels that Iran and Hezbollah directly and materially aided al Qaeda in the September 11, 2001 terrorist attacks. The Final Judgment in Havlish marks a milestone in the history of the worst terrorist attack on U.S. soil.
    2- Why Are Al Qaeda Leaders in Iran? https://www.foreignaffairs.com/articles/afghanistan/2021-02-11/why-are-al-qaeda-leaders-iran

    mcccarthy gave a number of other examples as well

  8. Now for some good news.
    Source: CNN

    Predictions from mainstream economists were dire after President Donald Trump launched his tariff campaign just a couple weeks after he began his second term in office: Prices would rise — sharply — they said, reigniting an inflation crisis that tens of millions of Americans had elected him to solve.

    But that massive, tariff-induced inflation spike hasn’t materialized. Not even close.

    1. “But that massive, tariff-induced inflation spike hasn’t materialized.”

      And yet the fact is that American companies and consumers have been bilked out of hundreds of millions of dollars by those tariffs.

      The issue is the American wealth confiscated by those tariffs — not inflation, not jobs, not “reshoring,” or any other deflection and rationalization.

      1. I wonder if the dems worry about all the money that was “bilked” out of the American taxpayer to care for millions of illegals that were ushered in to our nation through the back door? I would imagine that the total for that debacle will be far greater in blood and treasure yet nary a peep out of the left? How odd?

        1. “. . . to care for millions of illegals . . .”

          Nice deflection and ad hominem.

          And I’m not on the Left.

          If you have a counterargument to my *argument*, please do present it.

    2. You are correct Dustoff, and in the process the tariffs added money to the treasury. Otherwise, if all things remained the same, we would see “American wealth confiscated by those tariffs.”

  9. First of all, BZ to our forces carrying out this successful operation with the highest of security. President Trump could cite the Democrat’s history of coordinated leaks as a reason to notify Congress after and not before the operation.

  10. So satisfying to see the Libturds squirm – this is an unprecedented achievement and Trump sucker punched Iran!

  11. Schumer insisted that “no president should be allowed to unilaterally march this nation into something as consequential as war with erratic threats and no strategy.” House Minority Leader Hakeem Jeffries has issued a similar statement.

    Schumer? Hack-eem? Hmmmmmm, those names dont ring a bell. IIRC there was a militant Democrat Senator Schumer who used mafia like threats on Catholic Justices at SCOTUS. AFAIR xe/xhe/dem had xis/xer/dem huevos 🍒 clipped by AOC resulting in an emasculated eunuch (no offense to Svelaz / George / Dennis / Gigi) 🤡

    Alas, “Democrat leaders” (an oxymoron) have no support from their own membership. Rank and file Democrats now denounce DNC Leaders as weak leaders and want them removed from office for failing to address their kitchen table issues.

    Scathing Reuters/Ipsos Poll Reveals Democrats Are Done With Current Leadership: ‘They Don’t Have Our Backs’
    https://tfppwire.com/scathing-reuters-ipsos-poll-reveals-democrats-are-done-with-current-leadership-they-dont-have-our-backs/

    Besides, this is a total mischaracterization of what happened. It isnt war at all. It was merely a mostly peaceful flight of the B-2 bumblebee knocking at the door of the Mullahs.

    The awesome, talented Yuga Wang demonstrates

    https://www.youtube.com/watch?v=8alxBofd_eQ

      1. Estovir, Wang is a tremendous performer, but I wonder if this video wasn’t sped up a tad. There is no way for me to know but I thought the movements might be a bit accelerated.

      2. Estovir, I’m in awe of anyone that can play chopsticks. My wife otoh could play this in her youth and is in awe of Wang’s talent. This is a next level amount of skill and then some.

        1. Meyer/OLLY,

          I too am in awe of Wang. Her performance of Provokofiev Tocatta is astounding especially when she played it as an encore to Profokofiev’s Piano Concerto #3 in C Major. If you haven’t seen her play these back to back, it is jaw dropping

          Meyer, although I am wildly impressed with Wang, she is too “energetic” for my tastes as a performer. I’m more of a traditionalist when it comes to classical music, which is why I find Argentina’s Martha Argerich is classier, more elegant and more authentic to the compositions as written by the greats. OTOH, there’s only one Martha Argerich, a MENSA member and gifted beyond mortal means

          Martha Argerich Plays Prokofiev Piano Concerto No.3 | Singapore International Piano Festival 2018

          1. Thank you Estovir for sharing your videos.

            I love music, especially piano, enjoying it most in smaller venues. I don’t know enough, but strangely I had episodes of synesthesia.

  12. Well if Hilary Clinton, former presidential candidate, former Secretary of State, Married to the 1st God of the Democratic Party, Bill Clinton, and worked for the 2nd God of the Democratic Party, Barack Obama, said it was all ok in the past then that simply has to settle the argument. I mean she is a Democrat after all and that means they can do anything they want, go anywhere (including confinement centers), can commit any crime (except former Sen Menendez), can say anything totally insane and they are never called on it.
    We also know that if Trump takes a breath it is an impeachable offense.
    I suppose the fact that a totally suicidal government was within short steps of fielding a nuclear weapon pales in comparison to the wrath of the Democratic Party.
    IAEA seemed to back up Trump also with their recent statements.
    If you look at the states that have nuclear weapons, none of them are insane. The closest to insanity is North Korea but they have been a stable nation state (more or less) since before the Korean War.
    Obama and Biden played footsie with Iran and threw away our main peaceful means of dealing with that suicidal state, gave them billions of dollars, helped fund their insanity and terror and failed to enforce our sanctions and left us with the state we have now. Oh and Obama was so convinced of the greatness of his understanding with Iran that he feared even submitting it to the Senate. I thought that was required by the Consitution also.
    I think I would even more likely believe Claude Rains than any Democrat other than Fetterman. And, by the way, John Kerry has been mighty quiet these days.
    The main question of the day now is. Does “The View” pass as the Democratic National Committee.

    1. Obama was so convinced of the greatness of his understanding with Iran that he feared even submitting it to the Senate. I thought that was required by the Consitution also.

      No, it isn’t. The president is only required to seek the senate’s advice and consent if he want to make a treaty. If he chooses to make a private agreement that’s his business, and the resulting deal is not a treaty, has no force of law, and does not bind the USA.

    2. GEB,

      If I’m not mistaken, isn’t the IAEA part of the UN? I don’t think the UN really has any love for the United States, so when they say that Iran was literally days away from having enough fissile material to produce up to 10 bombs, we might do well to heed their warnings.

      Contrast this with the faulty intel, regarding WMD in Iraq. This was not, and is not Iraq or Afghanistan.

  13. “Trump could likely prosecute this campaign in 90 days. ”

    I’ll be back in 90 days to remind of this statement.

  14. Am I the only person that thinks it is more impeachable to give our enemy, Iran, Billions in cash than to take out their weapons?

    1. Hullbobby-totally agree. And for Milhouse further above- the senate must ratify the “understanding” with Iran otherwise it has no force of Law. I believe that point was argued before the SCOTUS and they affirmed that point. No state was compelled to adhere to Obama’s “understanding”.

      1. GEB, a private understanding is not a treaty and NO ONE EVERY CLAIMED it had the force of law. 0bama chose NOT to submit it for ratification as a treaty.

        The claim by some extremely ignorant Republicans is that 0bama somehow had a duty to submit it as a treaty, and by not doing so he failed in his duty and violated the constitution, or some such nonsense. Or that failing to get 2/3 of the senate to approve it, he somehow had no right to implement it. That’s just not the case. He made a private agreement and kept it, that’s all.

        1. @ Mulhouse: ” He made a private agreement and kept it, that’s all.”

          That is not “that’s all.”

          What too many forget is that Obama undermined the checks and balances of the Constitution while setting a dangerous precedent for one-man foreign policy. He bypassed the treaty clause, used procedural trickery, and sold the public a bill of goods.

          Obama misled the public and failed to adequately disclose the side agreements between the IAEA and Iran. This was a complete shift in America’s policy and reduced America’s credibility.

          Your casual dismissal of the agreement with barely a nod makes one wonder where you’re coming from and whether you understand what was actually done..

  15. What if Congress were to declare war on a nation, and the president refused to wage the declared war?

    1. Would the decision of this institution, the fruit of the venerated Consitution, be respected?

    2. That would be his choice. He’s the commander in chief of the armed forces, and he decides what they will do. If Congress doesn’t like it, it can impeach him.

  16. All the Democrats are now screaming unconstitutional and to impeach Trump for bombing Iran’s nuclear facilities. Where were they when Obama bombed Libya? No Democrat or even Republican was talking about impeaching Obama or the constitutionality of the bombing. Nothing but hypocrites.

    In March 2011, President Obama authorized military intervention in Libya, which included airstrikes aimed at protecting civilians during the civil unrest against dictator Muammar Gaddafi. This intervention ultimately led to Gaddafi’s overthrow but resulted in ongoing chaos and conflict in Libya.

    Obama declared: “We knew that if we waited one more day, Benghazi—a city nearly the size of Charlotte—could suffer a massacre that would have reverberated across the region and stained the conscience of the world.” In the Rose Garden speech after Gadhafi ’s death, Obama noted, “Without putting a single U.S. service member on the ground, we achieved our objectives.” – politico

    And we all know about the Obama Administration’s failures and Hillary’s lies in Benghazi.

    1. Jake

      What the MSN won’t say. After the mess O-dumber made in Libya. That country became a “black: slave trading country… Yes O-dumber did that

    2. No Democrat or even Republican was talking about impeaching Obama or the constitutionality of the bombing.

      Republicans certainly were.

  17. Ignore the democrats, in fact introduce a bill disbanding that party as anti-American.

    1. Congress can’t disband a party. There is no requirement that a party be pro-American. This is America where everyone has the right to be anti-American if he chooses.

  18. DEMS comments and reaction expected and usual I hate Trump response. Forgetting Obama, Clinton etc actions. Sen. Fetterman .is the only honest/reasonable DEM, refer to his comments. It will be interesting to see the Sunday DEM MSM show comments do they go after Trump? etc.

    1. To be subjected to the frenzied, treasonous comments of scum like Ilan Omar is torture… count yourselves tortured…

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