Trump’s “Plan” and his “Unitary Executive” powers under the Constitution: The War Powers Act

Comment by Jim Campbell

May 5th, 2019

The War Powers Resolution of 1973, which Congress passed overriding President Nixon’s veto, was meant to implement the Constitution’s separation of powers between Congress and the president for the initiation and conduct of war.

Congress alone has the power to declare war.

Authority over the standards to “suppress Insurrections and repel Invasions” belongs to Congress as well.

The Constitution, however, gives Congress the power to “make all Laws which shall be necessary and proper for carrying into Execution” not only Congress’ enumerated powers but also “all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

In other words, Congress can shape the president’s commander-in-chief role through statutory law.

Congress has the ability to cut off funding for wars or police actions they deem useless.

They have never done so.

The KEY to “The Plan” is what is today called a judicial “theory” called “unitary executive theory”.

This so-called “theory” holds that the Constitution vests power in the president and that these powers are vested in him alone.

He may delegate particular work to others, but all of the power and responsibility of the executive branch is his and his alone.

The “unitary executive” is of course not a theory at all, but exactly what The Constitution demands.

It is as such not negotiable, and the “unitary executive” is what Trump is carefully restoring. Among the powers vested in the president is the power to fire and hire who he pleases in the entire executive branch, and he is also the sole person responsible for the entire foreign policy of the USA.

He can start wars if he so pleases, and all congress can do to stop it is impeach him if they can get a super-majority for it, whereas the people can VOTE HIM OUT if they are not happy with his performance.

THE END