On my show on January 22, 2016, I took after “conservative constitutional scholar” Mark Levin and his insistence that the President had the Constitutional latitude (authority) to begin offensive military operations without a formal declaration of war from the Congress in keeping with Article 1. Section 8, Clause 11. To be sure, Levin is correct in one sense; the Commander in Chief has an inherent authority to respond defensively without a formal declaration of war should the country come under attack. This is obviously common sense isn’t it? If China decides to invade Hawaii this afternoon, I think we’d all agree that Obama would have all the authority necessary to call the Joint Chiefs of Staff and authorize defensive military operations. Right?
“There are many occasions where we don’t have a declaration of war because a declaration of war would require that we use all of our might to destroy our enemy. So you can be involved in certain battles or military activities that would not require a declaration of war.” Continue Reading