Rand Paul: Obama’s ISIS War Is Illegal

◼ The president is subverting the Constitution—and America’s latest undeclared war in the Middle East is just the latest example. - Sen. Rand Paul/Daily Beast

For a generation, Democrats stood up against Republican presidents who they deemed to be too eager to go to war—or too ready to put troops in harm’s way without the full consent of the American people through their elected representatives in Congress.

Where have those Democratic protectors of the constitutional authority of Congress gone? Was it always just a partisan attack on Republican presidents?

If not, when will Democrats—who so vociferously opposed a Republican president’s extraconstitutional war-making powers—stand up and oppose President Obama’s unconstitutional usurpation of war-making powers?

...the War Powers Act reiterates the legislature’s prerogative. The War Powers Act does not allow for any military action to take place that is not authorized by Congress or to repel imminent attack. Period. The only exception is military action to repel an imminent attack. In that case, the president has 60 days to report to Congress. Obviously, it’s an exception that doesn’t apply to any of our current wars.

This administration has allowed, as Professor Michael J. Glennon writes, “nothing less than a collapse of the equilibrium of power, the balance expected to result from ambition set against ambition, the resistance to encroachment that was supposed to keep the three branches of the federal government in a state of equilibrium and to protect the people from the government.”

It’s time for conservatives to say enough is enough. Obama’s commandeering of Congress’s powers—from making war, to remaking our health-care system—has to stop. There needs to be an across-the-board, consistent defense of the constitutional separation of powers. Nothing less will win the day. That should include this current battle in the Middle East. Taking military action against ISIS is justified. The president acting without Congress is not. KEEP READING