this post was submitted on 17 Jun 2025
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Agreed, the founding fathers definitely didn't want a king who could wage war at his whim, but unfortunately the constitution as drafted didn't envisage a standing army under the bidding of the President, it expected militias to be levied for defense as required.
Kinda but not really. Something is only illegal if it is within the powers of the lawmaker to bind in that way. If the constitution doesn't provide that power then it is ultra vires and as if the law didn't exist. Unfortunately the constitutionality of the 1973 act is definitely questionable - I listed more in another response but
https://en.wikipedia.org/wiki/War_Powers_Resolution#Questions_regarding_constitutionality
and
https://en.wikipedia.org/wiki/Campbell_v._Clinton