A day after President Obama told the American public he was preparing to bomb targets inside the sovereign state of Syria and that he did not need congressional approval to do so, critics are lashing out against what Bruce Ackerman, a professor of law and political science at Yale University, described as “imperial hubris” on Friday.
In his scathing op-ed in the New York Times, Ackerman writes:
And Ackerman’s not alone.
Robert Chesney, a professor at the University of Texas School of Law, told the Daily Beast this week that Obama’s claim of authority to bomb ISIS targets in Syria was “on its face” an “implausible argument.”
“The 2001 AUMF requires a nexus to al Qaeda or associated forces of al Qaeda fighting the United States,” explained Chesney, but “since ISIS broke up with al Qaeda it’s hard to make” the case that authority granted by the AUMF still applies.
And as The Nation magazine’s Zoë Carpenter reports:
According to Ackerman, the president has put himself in a perilous position.
“The president seems grimly determined to practice what Mr. Bush’s lawyers only preached,” the Yale professor concludes in his op-ed. “He is acting on the proposition that the president, in his capacity as commander in chief, has unilateral authority to declare war. In taking this step, Mr. Obama is not only betraying the electoral majorities who twice voted him into office on his promise to end Bush-era abuses of executive authority. He is also betraying the Constitution he swore to uphold.”
And Carpenter says that in addition to defying Congress and his constitutional obligations, Obama should also be worried about the implications for his new strategy under international law. She writes:
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