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“Let’s call it what it is and let’s vote on these things. I think we’re in violation of both the spirit and the law of the Constitution by bombing a capital, blockading a country, and removing elected officials. We certainly wouldn’t tolerate it, nor would I if someone did it to us. Our founders debated extensively over which branch of government should have the power to declare or initiate war. Virtually unanimously they decided, and what was entered into the Constitution, was that the declaration or initiation of war would be the power of Congress. There are many advocates for an expansive notion of presidential power. They often argue that wars are not really wars, that they’re kinetic actions or drug busts. If you reverse the circumstances it becomes very difficult for these arguments to hold up. If a foreign country bombed our air defense missiles, captured and removed our president, and blockaded our country, would that be considered an act of war? Of course it would be an act of war. One-way arguments that don’t rebound, that you can’t apply to yourselves, that cannot be universally applicable, are bad arguments. If it’s not a war and we’re just going to define it away, then calling it a drug bust isn’t really an argument. It’s a ruse. Not a war is a ruse. It’s not a real argument. We do what we do because we have the force and the might, and because it’s in our interest. What if a foreign country indicts our president for violating a foreign law? Should we extradite our president, or should we be okay if they come in and get him by force? We would never allow that. The Office of Legal Counsel argument is that this wasn’t a constitutional war because not enough people died. But the problem is it isn’t the number. It happens in retrospect. Our founders gave Congress the power to initiate or declare war. If we have to wait to see the scope, nature, and extent, then the war has already been going on. It’s hard to vote to initiate a war that’s been going on. The definition of war is very important. Calling things kinetic action is a disservice to our soldiers. You weren’t really wounded in war; you don’t have a medal of honor for war; you have a medal of honor for a kinetic action. If our predicate is that we can remove someone because we say they weren’t really elected, you can see where it leads, and it leads to chaos. That’s why we have rules like the Constitution—so presidents can’t do whatever they want. This is the check and balance. For seventy years we’ve been going the wrong way. It isn’t just this president. It’s a debate worth having.” — Rand Paul

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Let’s call it what it is and let’s vote on these things. I think we’re in violation of both the spirit and the law of the Constitution by bombing a capital, blockading a country, and removing elected officials. We certainly wouldn’t tolerate it, nor would I if someone did it to us. Our founders debated extensively over which branch of government should have the power to declare or initiate war. Virtually unanimously they decided, and what was entered into the Constitution, was that the declaration or initiation of war would be the power of Congress. There are many advocates for an expansive notion of presidential power. They often argue that wars are not really wars, that they’re kinetic actions or drug busts. If you reverse the circumstances it becomes very difficult for these arguments to hold up. If a foreign country bombed our air defense missiles, captured and removed our president, and blockaded our country, would that be considered an act of war? Of course it would be an act of war. One-way arguments that don’t rebound, that you can’t apply to yourselves, that cannot be universally applicable, are bad arguments. If it’s not a war and we’re just going to define it away, then calling it a drug bust isn’t really an argument. It’s a ruse. Not a war is a ruse. It’s not a real argument. We do what we do because we have the force and the might, and because it’s in our interest. What if a foreign country indicts our president for violating a foreign law? Should we extradite our president, or should we be okay if they come in and get him by force? We would never allow that. The Office of Legal Counsel argument is that this wasn’t a constitutional war because not enough people died. But the problem is it isn’t the number. It happens in retrospect. Our founders gave Congress the power to initiate or declare war. If we have to wait to see the scope, nature, and extent, then the war has already been going on. It’s hard to vote to initiate a war that’s been going on. The definition of war is very important. Calling things kinetic action is a disservice to our soldiers. You weren’t really wounded in war; you don’t have a medal of honor for war; you have a medal of honor for a kinetic action. If our predicate is that we can remove someone because we say they weren’t really elected, you can see where it leads, and it leads to chaos. That’s why we have rules like the Constitution—so presidents can’t do whatever they want. This is the check and balance. For seventy years we’ve been going the wrong way. It isn’t just this president. It’s a debate worth having.
— Rand Paul