There is currently a half-hearted discussion going on in the United States about whether or not, an ongoing military operation in Venezuela, or even the authority to attack Venezuela, would require a war powers resolution.
See here... but don't bother:
https://www.law.cornell.edu/uscode/text/50/chapter-33
Now whilst it is true that the War Powers Act of 1973, is intended as a check on the power of the President of the United States, to begin and administer armed conflicts without the consent of the U.S. Congress, it is worth remembering that irrespective of what any law says, including the US Constitution, the Supreme Court of the United States has functionally declared that the President is above the law in all circumstances:
See below:
https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Taking into account these competing considerations, the Court concludes that the separation of powers principles explicated in the Court’s precedent necessitate at least a presumptive immunity from criminal prosecution for a President’s acts within the outer perimeter of his official responsibility. Such an immunity is required to safeguard the independence and effective functioning of the Executive Branch, and to enable the President to carry out his constitutional duties without undue caution. At a minimum, the President must be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no “dangers of intrusion on the authority and functions of the Executive Branch.”
...
(1) When the President acts pursuant to “constitutional and statutory authority,” he takes official action to perform the functions of his office. Fitzgerald, 456 U. S., at 757. Determining whether an action is covered by immunity thus begins with assessing the President’s authority to take that action.
...
In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Such a “highly intrusive” inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose. Fitzgerald, 457 U. S., at 756. Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law. Otherwise, Presidents would be subject to trial on “every allegation that an action was unlawful,” depriving immunity of its intended effect.
- SCOTUS: Trump v United States, 1st Jul 2024.
If there is a "presumptive immunity from criminal prosecution for a President’s acts" and "he takes official action to perform the functions of his office" and the Supreme Court has decided that courts "courts may not inquire into the President’s motives" and "Nor may courts deem an action unofficial”, then functionally there are no avenues whatsoever to declare anything that the President does as illegal.
Even if he were to actually make good on the quip that he made at a Christian college in 2016, and actually shoot someone:
"I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn't lose any voters, OK?”
- Donald Trump, Dordt College in Sioux Center, Iowa, 23rd Jan 2016.
Then the "presumptive immunity from criminal prosecution for a President’s acts" would immediately kick in because all he would need to do is claim that as the Commander-In-Chief and as first officer of the US Military, then he would either be defending the first officer of the United States or making a preemptive strike. Although having said that, he was probably quite correct that his supporters would stay loyal even if he happened to commit a capital offense, including on live television.
What I find astonishing is that even though a President cannot enact law to regulate something as banal as carbon emissions or something as immediately pressing as forgiving student loans (because those things do not fall within the core functions of the Executive Branch, a President would not face any consequences for politically motivated killings or mass murder, provided those things are done in the name of defence.
Functionally this means that a President is free to commit crimes to protect his craven self-interest, and it has to be said that if you are immune from the consequences, and if you can not be prosecuted, then you are above the law.
Furthermore, if as Mr Trump suggests that he wants to acquire Greenland, which would include use of the military force and without a corresponding Authorization for Use of Military Force from the Congress, then we have actually reached the point where the leader of the United States is a broken arrow. We have already seen that SCOTUS refuses to do anything and unless Congress restrains him, with jail time, then you have someone actually in possession of nuclear weapons and unlimited and unfettered power. And that's worrying.





