Finkelman, Paul <paul.finkelman@albanylaw.edu> Paul.Finkelman at albanylaw.edu
Sun Mar 4 13:25:56 PST 2012

Lou:  does he have a first amendment right?   Did wilson have a right to warn germany on submarine warfare?

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-----Original message-----
From: Lou Fisher <lfisher11 at verizon.net>
To: "SLevinson at law.utexas.edu" <SLevinson at law.utexas.edu>, "conlawprof at lists.ucla.edu" <conlawprof at lists.ucla.edu>
Sent: Sun, Mar 4, 2012 21:03:43 GMT+00:00

I think he has no statutory or constitutional authority to make such threats.  I interpret his remarks as election-year postering to show he is a "strong" President.  Very unfortunate message.

On 03/04/12, Sanford Levinson<SLevinson at law.utexas.edu> wrote:

Where does Barack Obama get the authority to threaten “military action” against Iran?  I.e., is there a congressional statute (it surely isn’t the AUMF, unless that’s an open-ended delegation of the power to a constitutional dictator to wage war whenever and wherever he/she wishes) that delegates such authority to the President—I must have missed the great debate that surely would have accompanied such a statute--or is it based on a full-throated reading of the Commander-in-Chief Clause that makes the President a constitutional dictator even without any statutory authority?  IF George W. Bush were doing this, would many (though surely not all) of us be going ballistic about the potential abuse of presidential power and raising all sorts of questions about the pandering to a particular voting bloc in a predictably close election?



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