Tuesday, July 09, 2002

Show Us the 'War Power'!



I do not mean, by the odd title I have chosen, to suggest there are no war powers, plural, to be found in this fair land of freedom. Far from it. "There's a lot of it about," as the Brits were saying a decade ago, even if no one quite knew what that phrase meant. That was the joke, I guess.

So, as a matter of practice subject to endless positivist-style testing, verification, and falsification, there must be zillions of actual war powers all over the place. I doubt that anyone has actually counted them. Under the Enabling Act of September 12, 2002, and subsequent "legislation," the President of the World can probably have the Spice Girls arrested, build a barbed-wire enclosure around Palm Beach County, and enjoin Aborigines from going walkabout, if – in his considered opinion – these steps are needed in the "War on Terror."

So I do not doubt that, as a factual matter, there is a lot of war power about, broken up into useful bits waiting to implemented. My question is, Can anyone who believes in this sort of thing give us any good reason for believing that this vast array of undefined power has anything to do with the Constitution as actually written and ratified? I think they would have some trouble doing that.


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