If the U.S. gets into the business of congressional ratification of presidentially initiated wars, it will continue the slow and inexorable normalization of presidential force, writes Andrew P. Napolitano. That’s not what the Constitution requires.
Tomorrow a Senate committee will consider a new bill that would solidify the unconstitutional shift in power to declare war from Congress to the White House, as Marjorie Cohn explains.
The failure to hold anyone accountable for torture derives from extraordinary post-9/11 legal theories that made the President all-powerful during “wartime” and established what amounted to martial law in the United States, a condition that continues to this day, writes…