The Unconstitutional Strike on Syria
The Constitution still requires congressional authorization for an attack on another country. The requirement is not a formality.
by Garrett Epps
Apr 14, 2018
3 minutes
For a constitutional lawyer, the Trump administration requires a crash course in obscure parts of the document—the Emoluments Clause? The “Inferior Officers” Clause? Really?
But equally challenging is the need to keep turning the conversation back to constitutional questions that people are sick of hearing about—and, even worse, have tacitly agreed to consider irrelevant. “To see what is under one’s nose,” George Orwell wrote in 1946, “requires a constant struggle.” Orwell didn’t add that trying to point out what is under our noses can turn one into a kind of Ancient Mariner at whose approach both
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