Advisory Opinions Congress Won’t Contradict Trump
Sep 11, 2025
Dive into the legal intricacies of military action as the hosts dissect the president's authority to order strikes without congressional approval. Explore the complexities of armed conflict laws and how they intersect with the Constitution. There's a critical look at ongoing Supreme Court cases, including Trump's tariffs and immigration enforcement. Additionally, the discussion touches on the Federal Reserve's unique structure and its implications for executive power. Tune in for a captivating analysis of law, politics, and the balance of power!
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Limits Of Commander-In-Chief Power
- The president's Article II commander-in-chief power traditionally covers immediate military threats and self-defense.
- Expanding that power to nonimminent, criminal acts (like drug smuggling) breaks usual constitutional and international bounds.
Terror Designation vs. Use Of Force
- Designating an entity as a foreign terrorist organization does not itself authorize military force.
- The terrorism designation statute mainly unlocks immigration and economic sanctions, not war powers.
Membership Alone Can't Justify Strikes
- Using membership alone to justify lethal force creates a dangerous precedent far from any imminent threat.
- That logic could permit military action against identified group members anywhere, sidestepping law-enforcement responses.
