Poncho... you're not a liberal......but you argue like one. You don't know how to read your own transcripts and follow what is being said. You are looking at it completely wrong. Yoo isn't arguing whether he likes something or not...he is arguing the LAW. Yoo doesn't write the laws, he simply KNOWS them, and I'll bet you a thousand bucks he's dead right that there is neither any Treaty, or law passed by Congress. Maybe there Should be, but that isn't the point. Dura lex sed lex. The Constitution doesn't forbid you to beat your wife either....but that doesn't mean that you should. The law isn't whatever you want or prefer it to be Poncho......it's what actually exists on the books at the time. Rather than get caught up in your sensationalist comparisons between Yoo and Shmitt, Do this one simple thing instead:
Show where, in the Constitution that Presidents are forbidden to ordering the use of Military Force unless and until a "Declaration of War" is issued. Then, possibly demonstrate how ANY Congress or President from Washington on down has interpreted the Constitution that way. Your refusal to Quote the Constitution itself is compelling. You have no CONSTITUTIONAL nor historical argument. Why can't you make one? If you have the Constitution on your side, (or two hundred years' of it's interpretation).....then quote it.
You're simply operating under a common misconception and commonly held erroneous belief which people have never investigated for themselves. It's a mistaken one. People believe that the Bible says "Spare the rod and spoil the child" too.....but, it isn't so. They've just heard that all their life.
I defy you or Aaron, or anyone to make a case from the Constitution and from History that that is so. Answer this:
Was it "Unconstitutional" to order the storming of Tripoli by U.S. Marines in the Barbary Pirates war?
Was it "Unconstitutional" for the U.S.S. Constellation to capture L'Insurgente in the Quasi-war? Did Congress not intentionally authorize the building of Frigates for the express purpose of protecting U.S. merchants from French Privateers?.....Did Congress actually "Declare War" with France? No, they funded a Navy to use, but they didn't "Declare War". They didn't want to.
