"Congress has made narcotics importation a serious felony crime fit for prosecution in the civilian courts. It has not authorized the executive branch to treat it as an armed attack to be countered by American military power. Obviously, narcotics trafficking is a significant crime problem, but American users obtain illegal narcotics voluntarily and, usually, nonviolently. The importation and distribution of illegal drugs is simply not analogous to a missile strike or other violent mass-murder attack, he wrote."
"Furthermore, Congress's power to declare war has been marginalized by the trend of redefining war as a continuing commitment of military power, especially ground troops, over an extensive period of time. Anything less than that (e.g., President Obama's bombing of Libya in furtherance of promoting a hoped-for democratic transformation in the Middle East, and now, President Trump's intermittently blowing up vessels suspected of transporting drugs) is a subset of hostilities that falls short of war and therefore needs no congressional approval."
President Donald Trump notified Congress that the United States is in an armed conflict with South American drug cartels after administration missile strikes on boats claimed to be carrying narcotics. Congress classifies narcotics importation as a serious felony for civilian prosecution and has not authorized treating such trafficking as an armed attack to be countered by military force. Narcotics trafficking is typically voluntary and nonviolent and is not analogous to missile strikes or mass-murder attacks. Congressional war-declaration power has been marginalized by redefining war as prolonged military commitments, allowing lesser hostilities to proceed without congressional approval. The Framers did not intend to vest unilateral war-declaration power in the president.
Read at www.mediaite.com
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