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Commentary – Libya, and Why the War Powers Act is a dodge

I just posted my take on whether the War Powers Act applies to our intervention in Libya over at the National Journal expert blog:

I call bullshit. Even if the War Powers Act is valid constitutionally – and I don’t think it is – it’s morally a dodge.

To be clear: I support intervention in Libya (and I’ve said so repeatedly). I think the War Powers Act is constitutionally dubious at best. But I also think Congress should “assert itself.”

The War Powers Act is simply bad law because, as written, it’s a way for Congress to avoid its constitutional responsibility to declare war.

For the full post in context of a lively discussion, go to the current discussion over at the NJ blog, but come back here to comment, as posting is by invitation only over there.

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