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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 24, 2011 / 22 Sivan, 5771

Who takes us to war?

By Charles Krauthammer




http://www.JewishWorldReview.com | Is the Libya war legal? Under the 1973 War Powers Resolution, it is not. President Obama has exceeded the 90-day period to receive retroactive authorization from Congress.

But things are not so simple. No president should accept — and no president from Nixon on has accepted — the constitutionality of the WPR, passed unilaterally by Congress over a presidential veto. On the other hand, every president should have the constitutional decency to get some congressional approval when he takes the country to war.

The model for such constitutional restraint is — yes, Sen. Obama — George W. Bush. Not once but twice (Afghanistan and then Iraq) did Bush seek and receive congressional authorization, as his father did for the Persian Gulf War. On Libya, Obama did nothing of the sort. He claimed exemption from the WPR on the grounds that America in Libya is not really engaged in “hostilities.

To deploy an excuse so transparently ridiculous isn’t just a show of contempt for Congress and for the intelligence of the American people. It manages additionally to undermine the presidency’s own war-making prerogatives by implicitly conceding that if the Libya war really did involve hostilities, the president would indeed be subject to the WPR.

The worst of all possible worlds: Insult Congress, weaken the presidency. A neat trick.

But the question of war-making power is larger than one president’s blundering. We have a core constitutional problem. In balancing war-making power between Congress and the presidency, the Constitution grants Congress the exclusive right to declare war.

Problem is: No one declares war anymore. Since World War II, we’ve been involved in five major wars, and many minor engagements, without ever declaring war.

But it’s not just us. No one does. Declarations of war are a relic of a more aristocratic era, a time when, for example, an American secretary of state closed his department’s code-cracking office because “gentlemen do not read each other’s mail.”

The power to declare war has become, through no fault of anyone, archaic and obsolete. Taken literally, it is as useless as granting Congress the right to regulate horse-and-buggies.


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We need, therefore, some new way to fulfill the original constitutional intent. The WPR was a good try, but it failed because it was the work of Congress alone, which tried to shove it down the throat of the Executive, which, in turn, for over three decades has resisted it as an encroachment on the inherent powers of the commander in chief.

Moreover, the judiciary, which under our system is the ultimate arbiter of constitutionality, has consistently refused to adjudicate this “political question” (to quote one appellate court judge) and thus resolve with finality the separation-of-powers dispute between the other two co-equal branches.

A James Baker-Warren Christopher commission on the war powers issue, which briefed President-elect Obama in 2008, was largely ignored at the time. But Libya gives the question new saliency and urgency. We need a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent:

First, formalize the recent tradition of resolutions (Gulf, Afghanistan, Iraq) authorizing the initiation of war, recognizing them as the functional equivalent of a declaration of war.

Second, establish special procedures for operations requiring immediacy and surprise, for example, notification of the House speaker, Senate majority leader and their opposition counterparts, in secret if necessary.

Third, in such cases, require retroactive authorization by the full Congress within an agreed period — but without any further congressional involvement (contra the War Powers Resolution). The Constitution’s original grant of power to Congress was for a one-time authorization, with no further congressional constraint on executive war-making except, of course, through the power of the purse.

The Libya adventure is too much of a mess to expect mutual agreement on this kind of constitutional compromise now. Nor is Obama, having bollixed the war powers issue in every possible way, the man to negotiate this deal.

Resolution of this issue will require time, dispassion and therefore inevitably a commission — say, chaired by a former president of each party, Bill Clinton and George W. Bush, and consisting of former legislators, judges and generals, with perhaps a couple of historians and not more than one international lawyer thrown in.

Then submit the commission’s proposed law for approval by Congress and the president. And have David McCullough read the final text aloud at the signing ceremony. That will make it official.

We need a set of rules governing the legality of any future war. This will allow us to concentrate on the most important question: its wisdom.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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