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U.S. Congress Authorizes Offensive Use of Cyberwarfare
smitty777 writes "Congress has recently authorized the use of offensive military action in cyberspace. From the December 12th conference on the National Defense Authorization Act, it states, 'Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to: (1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and (2) the War Powers Resolution.' According to the FAS, 'Debate continues on whether using the War Powers Resolution is effective as a means of assuring congressional participation in decisions that might get the United States involved in a significant military conflict.'"
To the penchant for destabilising democratically elected governments and installing puppet dictators in order to acquire resources and dominate regions militarily.
It was the peer pressure... all the cool kids had colonial empires and we wanted to be cool too. But before we could find acceptance, fashion changed and the US is now wearing the equivalent of global bell bottoms.
The Constitution does not give Congress authority to delegate their war-making powers to ANYONE else, including the President.
If this can legitimately be considered "warfare", then there is no question whatever that it is unconstitutional. The "War Powers Act" notwithstanding... it is unconstitutional, too. You can't use one unconstitutional law to justify another.
If Congress hasn't declared war, then it's not a Constitutional (legal) war. Period. And that means we haven't had a legal war in over 60 years.