Sandra Day O'Connor Quotes
We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens.
Sandra Day O'Connor, U. S. Supreme Court Justice, Majority Opinion, Hamdi v. Rumsfeld, 2004
Sourced by: Eigen's Political and Historical Quotations
When the Senate was debating the Gulf of Tonkin Resolution, which would empower the President to take "all necessary measures" to repel any armed attack on U. S. forces, Senator Morse was one of only two Senators opposing the resolution:
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
On why the President should not be given the right to go to war without the approval of Congress:
The Mexican War was as controversial as any war in American History. President Polk ordered action independent of the Congress, In all of American History there have been two Congressional censures of American Presidents. This was one. See {594521} for the other.
The president did not act purely on his own. The operation in Libya was a NATO operation, not a U. S. operation. All NATO countries unanimously approved the enforcement of the No Fly zone and it was approved by the Security Council of the United Nations, Technically the operation was not war. NATO and the United States was asked to support the no fly zone by the Government of Libya which we and the other countries all recognized at the time. However, since the later part of the 19th century, America has debated exactly who and under what conditions can commit U. S. Troops to hostilities. The prerogatives of Congress in the war powers debate have eroded to the Presidency in the last 2 centuries and some, like Paul feel that the older balance should be restored.
Actually, there are many in politics who to this day castigate Truman for his decision, but for Bloomberg’s generation and before, anyone would have pushed the button. And there are some who still fault Obama as technically, the U. S. had no right to violate Pakistani airspace and kill a resident of their state without any due process in the U. S. or Pakistan. Bloomberg would have easily pushed that button, but there are many officials who warned against it, and earlier Presidents—George W. Bush and Bill Clinton who did not authorize assassinations in foreign (allies) countries.
Sandra Day O'Connor is a retired attorney and politician who served as the first woman associate justice of the Supreme Court of the United States from 1981 to 2006. She was the first woman nominated and confirmed. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the beginning of the Roberts Court.
