Elizabeth Jo
speaker
2,299 appearances
6 recordings
1 series
first heard Jun 2025
last heard 27 Mar
Elizabeth Jo’s voice in public audio — every appearance, attributed to the second.
Trend
recordings per month · last 12 monthsRecordings per month over the last 12 months — 4 in all, peaking in Mar 2026 with 1.
Appearances
And as we go through this topic, I think you'll see why the boat strikes are both shocking but also not entirely surprising at the same time.
Let's start with the war power.
The Constitution splits the war power between the Congress and the president.
We know that from the text itself.
Article 2 designates the president as the commander-in-chief of our military.
And Article 1 gives Congress the power to declare war, to raise and support an army, and to provide and maintain a navy.
The only problem is that Congress hasn't declared a formal war since World War II, and yet we have sent troops to armed conflicts many, many, many times since World War II.
So in many of these instances, Congress has formally given the president the ability to use military force by passing a law, and we can call that an authorization to use military force.
And the Supreme Court has generally treated this as an acceptable constitutional compromise.
It's not quite a war, but Congress is allowing the president to do this.
So Congress grants the president formal approval to send troops, and then the president is essentially acting under that congressional authority.
So, for instance, after September 11th, 2001, when the terrorist attacks happened, Congress passed the 2001 Authorization for the Use of Military Force, or the 2001 AUMF.
And the 2001 AUMF allows the President of the United States to use all necessary and appropriate force against all nations or groups that planned, committed, or aided the 9-11 attacks.
It's still in effect, actually.
Yep.
It's also true that every president has said that no matter what Congress says, the president of the United States has his own inherent or implied war power under Article 2 of the Constitution.
Well, it's just an assertion, right?
So there's that problem.
But we can also return to the prize cases.
There, the Supreme Court endorses the idea that the president has the constitutional authority to defend the country from an armed attack, an armed invasion, even if Congress doesn't provide formal authorization.
Showing 1121–1140 of 2,299 · page 57 of 115
← Previous
Next →