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FAQs liberal constructionism has led to in the united states
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Article 1 section 8 of the US Constitution reads: “Congress shall have the power to declare war.” How is the executive branch able to get around this?Cliff Gilley gives an excellent factual answer, but doesn’t address why this is a problem. War powers are a giant hole in the constitution. We are still fighting a war against ISIL even though Congress has deliberately failed to weigh in on it. Both Obama and Trump have continued this war without any authorization. This shouldn’t happen. The constitution should be amended to plug this hole. No president should be able to fight a permanent war without congressional authorization, and Congress should not be able to avoid moral and budget responsibility by refusing to give authorization. There should be no such thing as war by semantics. Writing an effective amendment would be difficult, but it should be done.