On the 3rd of May, US Army Captain Nathan Smith filed suit against President Obama, stating that the President does not have proper authority from Congress to bring war against ISIS in either Syria or Iraq. The suit was formally filed in the U.S. District Court in Washington. The suit also comes on the eve of Obama sending more troops to the region.
Captain Smith wants the federal court to insist that the President get a new Authorization for the Use of Military Force from Congress before he (Obama) be allowed to continue the war effort against ISIS. Smith says he considers ISIS to be an “army of butchers” and must be stopped, but he believes that the Congress needs to act on this, not the President.
The captain’s argument is not without some merit. President Obama has been using congressional authorizations that were given to President Bush in the post-9/11 era. Those authorizations were given to invade Iraq and to bring war to al-Qaida.
In the past, the President has said that he has the authority he needs to bring war to ISIS. But, he also said that if Congress passed a new authorization, he would approve it, saying that a new, bi-partisan authorization would help bring unity to our troops.
It should be noted that many US lawmakers have already tried to push for a new authorization, but have seen that many more lawmakers have no desire whatsoever to cast a vote for war. In simple terms, these new authorizations are simply languishing in Congress as there is no political will to move them forward.
According to Smith’s filing, the fight against ISIS is in violation of the War Powers Resolution as the US Congress has not formally declared war and/or given to the President the specific authorizations needed in order to fight ISIS.
Wording within the suit says: “This lawlessness has made it impossible for Captain Smith to determine whether his present mission is inconsistent with his oath to ‘preserve, protect and defend the Constitution of the United States,’ thus requiring him to seek an independent determination of this matter from the court.”
Disclaimer: The content in this article is the opinion of the writer and does not necessarily reflect the policies or opinions of US Patriot Tactical.
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