Current Legal Topics: Statement on "The Executive Accountability Act of 2009"The Law Library of Congress is proud to present a new statement focusing on war powers. It is available in its entirety in PDF on our U.S. Constitution website.
Statement by Louis Fisher, appearing before the House Committee on the Judiciary, "The Executive Accountability Act of 2009," July 27, 2009. H.R. 743 would apply criminal penalties to Presidents and executive officials who knowingly and willfully mislead Congress or the people of the United States for the purpose of gaining support for the use of U.S. armed forces. This testimony discusses the framers' intent on initiating war, previous examples beginning with the Mexican War when Presidents used misleading statements to justify war, and other values to be weighed in considering this legislation. The testimony concludes that the bill does not violate the Bill of Attainder Clause and does not represent a prohibited legislative veto, but offers some proposed changes for H.R. 743.
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