When the Shooting StartsThe Law Library of Congress is proud to present a new constitutional law item focusing on war powers. The article is available in its entirety in PDF on our Web site.
Louis Fisher, "When the Shooting Starts," Legal Times, July 28, 2008, p. 44. The Baker-Christopher commission recommends that Congress pass legislation guided by the principles of the rule of law and equal respect for all three branches. The proposed statute would require Congress to vote on a non-binding resolution of approval for any significant use of military force. If that failed, any lawmaker could require Congress to vote on a joint resolution of disapproval, which would be subject to a presidential veto. The article concludes that the mechanism would weaken the legislative branch, play to executive strengths, and undercut popular government and the rule of law.
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