Friday, July 20, 2007

Respecting Tradition

Randy Barnett has been doing some writing on Libertarians and War. Most recently this Wall Street Journal piece. Which has spawned a lot of discussion with Randy at the Volokh Conspiracy.

A number of commenters have noted that the Iraq War started without a declaration of war, but instead Congress gave the President an authorization to use military force (AUMF) and gave him the money to back up that authorization. Not good enough for some Libertarians.

What ever resources (including judgment) Congress put in the President's hands with respect to our jihadi (a term from the American Colonial period) enemies can be rescinded if the Congress sees fit. In fact some Dems are trying to do just that.

This is not a usurpation of power. It is delegating to the executive the implementation of the wishes of Congress. Just as the executive enforces laws Congress passes. That is the traditional role of the executive. Don't Libertarians have any respect for tradition?

Sometimes, I think reality makes Libertarians crazy.

Cross Posted at Classical Values and at The Astute Bloggers

1 comment:

LarryD said...

"If it looks like a duck, walks like a duck, and quacks like a duck, then it's a duck."

The joint resolution authorizes the President to use military force. Is that not the essence of a Declaration of War? What else is needed? Is the phrase "declare war" some kind of magical incantation?