Pity the poor War Powers act:
If nothing happens, history will say that the War Powers Act was condemned to a quiet death by a president who had solemnly pledged, on the campaign trail, to put an end to indiscriminate warmaking.
The President has the unilateral authority to end life on Earth at any moment of his choosing with our nuclear arsenal. Unless and until Congress takes that authority away and ties it to normal, Constitutionally regulated war declaration mechanisms then none of the other details really matters (and this is why even the GOP House doesn’t get too worked up about it: War Powers stuff (60 day limits and etc…) is, in essence, a meaningless distraction and Congress knows it). It also seems likely to be unconstitutional, or, at the very least of questionable legality.
Whatever their reasoning on the War Powers Act and its applicability and/or enforcement is, Congress has a simple recourse that’s clearly enumerated in the Constitution: defund Libyan operations and demand the President request a formal declaration of war if he wants to continue. Same goes for Iraq and Afghanistan. There should have been just such a declaration on or about September 12, 2001.
Either hold the country to formal declarations of war in all cases or don’t; but let’s be consistent and honest and admit that holding to a strict Constitutional standard means removing “The Button” from the Oval Office once and for all.
As a bonus, doing so also gives you an excuse to clean up the rampant classification of everything that is currently carried out under the same “imminent and existential nuclear disaster” model of national security. This plainly anti-democratic power, again, was conferred as some sort of necessary evil in Our Nuclear Age. End it now and forever; make the President and anyone else have to prove to a judge or some similar panel that something should be classified because it poses a clear and measurable risk to National Security if revealed, and even then only classify it for a short time period with regular review for declassification.
Lemkin 