believer;777791 wrote:For the sake of argument, if a president can circumvent Congressional approval to conduct "limited" military actions as Commander-in-Chief, what makes you think he or she cannot find, as you aptly put it, some murky Constitutionality to exercise his or her Constitutional right to act as Commander-in-Chief with regard to GITMO? GITMO is, after all, a military operation.
Because its different.....
By law, the President cannot ship any detainees to the U.S. for civilian trial or move to close GITMO without military trials. Moving a detainee to the states is a bit more of an issue to a Senator or Rep than the murky War Powers Act. Just see New York and Virginia. No member of Congress wants a terrorist i ntheir district, while Libya doesn't matter in the grand scheme of a Congressmen getting elected.
Apples and oranges.
Point being, if Congress really wants to stop the war in Libya, they should pull funding or pass laws restricting what the President can do ala the Contras.