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106

Biden’s Strikes in Yemen Are Unconstitutional, Bipartisan Members of Congress Say (theintercept.com)

submitted 10 months ago by lemmus@lemmy.world to c/worldnews@lemmy.ml

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The U.S. and U.K. led a series of airstrikes in Yemen on Thursday evening, setting off alarms globally about how the attacks play into the smoldering regional risk of conflict — including a stream of questions from Congress about whether Biden was legally authorized to conduct the strikes at all.

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[–] FireTower@lemmy.world 5 points 10 months ago (2 children)

"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

[–] BraveSirZaphod@kbin.social 10 points 10 months ago

Rep Tlaib is welcome to file a lawsuit if she thinks the AUMF in unconstitutional. It would be a bit strange though if it survived 23 years of use, including actions in Iraq, Syria, Iran, Pakistan, and Afghanistan, and then a response to direct attacks on US Navy ships winds up being what sinks it.

But again, these representatives can sue if they're so confident.

[–] yesman@lemmy.world 4 points 10 months ago

It's ironic you bring up Marbury vs. Madison. The case where the Supreme Court gave itself the extra-constitutional authority to strike down laws.