Forget War Powers, Here's What Congress Should Do If It Really Wants to Take Its Power Back
On Thursday, Congress will vote on a war powers resolution ostensibly to limit the president's ability to make military decisions but really as a political virtue-signaling exercise against President Donald Trump, to chide him for the strike that killed Quds Force leader Qasem Soleimani. But I am sympathetic to claims that Congress needs to wrest back some of its constitutional prerogatives from the Executive Branch. In fact, I insist on the idea.
There is a strong case to be made that the Authorization for the Use of Military Force (AUMF) against terrorism is too broad, but an even stronger case should be made that the administrative state effectively wrests the legislative power out of the hands of Congress.
You see, the Founding Fathers designed Congress to be the most powerful of the federal branches. Article I deals with Congress, while the president is relegated to Article II. Congress has the power of the purse, the power to declare war, and the ultimate check on the president — impeachment. But, thanks to the "Progressive" movement, Congress delegated its power to make law to various administrative agencies, which in turn produce reams and reams of regulations.