---------- Forwarded message ----------
From: barry levine
Date: Fri, Mar 13, 2015 at 9:14 AM
Subject: re: Congress’s Duty on Authorizing Force
To: "letters@nytimes.com"
To the Editor:
The constitution of the United States is explicit; the president of the United States is Commander in chief of our armed forces in times of war. By implication, she/he is commander in chief of nothing in peacetime. And crucially, the decision to go to war is a power uniquely of Congress. Our Supreme Court has ruled (in re Schecter Poultry} that one branch of our government cannot cede or delegate its proper powers to another. It follows that no Authorization for the Use of Military Force can be constitutional except in the context of a declaration of war.
The constitution of the United States is explicit; the president of the United States is Commander in chief of our armed forces in times of war. By implication, she/he is commander in chief of nothing in peacetime. And crucially, the decision to go to war is a power uniquely of Congress. Our Supreme Court has ruled (in re Schecter Poultry} that one branch of our government cannot cede or delegate its proper powers to another. It follows that no Authorization for the Use of Military Force can be constitutional except in the context of a declaration of war.
Barry Haskell Levine
http://www.nytimes.com/2015/03/13/opinion/congresss-duty-on-authorizing-force.html
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