Ben Kleinerman has made a compelling case that the partisan reversal on constitutional authority for U.S. airstrikes in Syria shows the separation of powers at work. I have a friendly amendment, or at least one to propose: Ben’s case is true with two qualifications. First, the reversal should be institutional, not partisan. That is, members of Congress should question presidential authority as members of Congress, not based on partisan alignments for or against President Biden. If Democrats and Republicans who stay in Congress across changes in presidential administrations are situational constitutionalists based on who occupies the White House, Madison’s case … Continue reading Syrian Airstrikes: A Friendly Amendment to Ben Kleinerman’s Post?
In the wake of Biden’s air strikes against Syria, many of his opponents are returning to statements he and Kamala Harris made critical of Trump for similar kinds of strikes. Although I understand the inevitable politics of these things, I would suggest that we’re witnessing the separation of powers succeed. As President, Biden has a different set of responsibilities than he did as a presidential candidate or as an opponent of the past President. Given this difference, it shouldn’t surprise us that he is behaving differently. The Constitution itself induces and even encourages such hypocrisy. Senators have certain kinds of … Continue reading Syrian Air Strikes and Presidential Authority