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The John Batchelor Show

#SCOTUS: War Powers Act, 1973 and 2024. Richard Epstein, Hoover Institution

The John Batchelor Show

John Batchelor

News, Arts, Society & Culture, Books

4.52.8K Ratings

🗓️ 3 February 2024

⏱️ 8 minutes

🧾️ Download transcript

Summary

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0:00.0

Book your ticket to happiness with Sun Express Airlines. I'm John Bachelore with Professor Richard Epstein, a senior fellow for the Hoover Institution.

0:27.0

He's traveling, he's in the great state of Texas in Dallas.

0:30.0

However, the time is before us of a campaign, we're told, more than one instance of the United States

0:39.8

military against proxies of Iran who are at this moment engaged in

0:46.7

attacking US and allied shipping and military personnel leading to the death of free military personnel at

0:55.4

Tower 22 in these last days, the wounding of many and the president of the United

1:00.5

States declaring the dead noble. The US has said we will respond. Not

1:07.9

yet. There may be reasons to hold back. There may be just cloud cover over the target area. We don't

1:14.2

know. However, the War Powers Resolution 1973, a product of the Vietnam War and the

1:21.7

anxiety of Congress that the executive had taken too much power by not

1:27.4

asking for a declaration of war there must be some restraint on the executive

1:32.2

when conducting military affairs.

1:35.0

That was then, this is now, I read from the news, Senator Ben Carden, chair of the Senate

1:40.2

Foreign Relations Committee, said within these last hour, Thursday, that the administration

1:45.9

should ask Congress to authorize military force for its ongoing campaign against the

1:50.1

Houthis and other Iranian proxy groups. He admits that's likely that it won't happen, but the

1:56.5

professors here to entertain this. Professor, the four senators who asked last week have now been supported by the very powerful chairman of the foreign relations and in the United States Senate.

2:10.0

The Congress will debate this.

2:13.0

We've been living with the debate of the early part of this century with regard to action

2:20.0

that was used in Iraq and has been used ever since.

2:23.2

However, Senator Cardin believes that that is out of date.

2:26.4

Do you believe that the Act from earlier, the Authorization for Use of Military

...

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