On the recordJune 27, 2019
amendment No. 861 fully captures the utter failure of the modern Congress to assert and defend congressional war powers that the U.S. Constitution solely vests in the legislative branch. It treats matters of life and death as mere fodder for political ``gotcha'' votes and represents an approach to legislating that is ultimately as simplistic as it is dangerous. If one asked 10 attorneys to analyze the text of amendment No. 861, one might very well receive 10 wildly different interpretations of what the undefined terms in the amendment mean, from the use of the term ``attack by the government, military forces, or proxies of a foreign nation or by other hostile forces'' to the phrase ``used to ensure the ability of the Armed Forces of the United States to defend themselves, and United States citizens.'' As the authors plausibly argue, the intent of the amendment may very well be to simply reaffirm existing legal interpretations and norms that authorize the U.S. Armed Forces to defend itself and our citizens against attack by a foreign nation or other hostile force.…





