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PUBLIC SERVICE ANNOUNCEMENT: There is no draft, but we’re waging Forever Wars …
There is no draft right now. If our country declares war against Iran, there still wouldn’t be a draft. To do so would require an act of Congress. Theoretically, in a worse case scenario, the Trump Administration could argue that a war with Iran is already authorized under the existing ‘AUMF Against Terrorists’ from September 14, 2001.
Let me explain how this works, from the perspective of current law.
The War Powers act gives President Trump far too much power, as it has too many American Presidents. This act allows Presidents, including Trump, to engage in military actions overseas without an official declaration of war for sixty days, at which time they’re supposed to check in with Congress.
The US Congress is the only political body that can officially declare war, per Article I, Section 8 of the US Constitution. The language reads, “… To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;”
In modern times, our Congress calls declarations of War “Authorizations for Use of Military Force” declarations, or AUMFs. In 2001, a very broad AUMF Against Terrorists was enacted by the US Congress, which declared war on terrorism itself. Only one member of Congress, Barbara Lee of…