Tuesday, July 8, 2008

From the guys who brought you Florida 2000

Warren Christopher and James Baker are concerned about the War Powers Act and the rule of law. Isn't that dreamily bipartisan of them?

Of course, Christopher thinks it's ineffective, while Baker thinks it's unconstitutional. But whatever it is, it's bad law, and the Beltway dyspeptics love it when Democrats sign up to have their pockets picked by Republican operators. Since Christopher has already conceded that the law should go, he has already negotiated away the one thing Republicans care about.

The problem with the War Powers Act is not its framing. The problem is that Congress has proven too weak to use any of its war powers in the face of imperial Presidents. This defect in our democracy is political, not legal.

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