Pres. Trump unilaterally ordered the execution of an Iranian general. Did he have the constitutional authority to take this action?
The short answer is no. In this episode of Thoughts from Maharrey Head, I explain why. More importantly, I explain why it matters.
In the general distribution of powers, we find that of declaring war expressly vested in the congress, where every other legislative power is declared to be vested; and without any other qualification than what is common to every other legislative act. The constitutional idea of this power would seem then clearly to be, that it is of a legislative and not an executive nature…
Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analogous to that which separates the sword from the purse, or the power of executing from the power of enacting laws.