As the old saying goes, “it’s better to ask for forgiveness than permission.” In modern politics, forgiveness is never sought and permission is a matter of interpretation.
The Trump administration’s attacks on narco-terrorist drug boats have beget another round of political pearl clutching. Trump is unapologetic and believes these actions don’t require congressional consent.
After years of treating violent drug cartels and their minions as the international equivalent of jaywalkers, this administration unleashed the full power of the US military to stop the twin scourges of death and addiction they peddle.
Does Trump need permission to order these attacks?
Trump-hating Democrats and weak-kneed Republicans say yes. They contend drug dealers don’t fit the definition of armed combatants and without a declaration of war these actions are prohibited. They claim “constitutional” issues, centered on the “separation of powers”, and the War Powers Act as the foundation of their opposition.
If narco terrorists aren’t “armed combatants” why are they all armed? The separation of powers clause of the constitution simply states that Congress shall make laws, the Executive will enforce laws and make public policy, and the Judicial Branch interprets laws and ensures they align with the Constitution.
Since the argument against drug boat diplomacy can’t be found in either of the first two objections perhaps it can be found in the War Powers Act.
Passed in 1973 The War Powers Resolution, also referred to as the War Powers Act, is a federal law meant to limit the U.S. president’s ability to engage military forces without congressional approval. The act permits the President to deploy U.S. forces into action abroad with Congressional authorization, a declaration of war, or a national emergency created by an attack on the U.S. or its forces.
Trump denies his actions constitute an act of a war. If this isn’t a war, then the War Powers Resolution does not apply. According to Congress war is defined as a “formal declaration issued by the government indicating that a state of war exists between the United States and another nation.”
There is no formal declaration of war and narco terrorists aren’t a nation, thus the obliteration of cocaine canoes doesn’t require permission from Congress.
Military use in Korea, Vietnam, Iraq, and Afghanistan all occurred without any formal declaration of war.
Can military action be taken in the absence of war declaration? Is there any legislation that authorizes Trump’s actions against drug smugglers?
Yep, leave it to the members of congress to conveniently ignore the actions of congress when chastising or obstructing Trump.
The Authorization for Use of Military Force (AUMF) is a law passed by Congress on September 18, 2001, allowing the President to use military force against those responsible for the September 11 attacks.
AUMF has been interpreted and used by presidents Bush (junior), Obama, and Biden to authorize military actions against various groups and in multiple countries without a formal declaration of war. These presidents used AUMF for actions in Iraq, Afghanistan, Somalia and targeting groups such as Al Queda and the Taliban.
The AUMF passed 98-0 in the Senate and 420-1 in the House. It allows the President to determine targets and actions without a formal declaration of war. This power is vested in the office of the president, the name of the office’s occupant nor his party affiliation lessens that authority.
AUMF clearly permits the actions of this administration as it relates to perforating cartel pontoons. If prior presidents could wield such deadly precision to illuminate and destroy various dark corners of the world and their inhabitants so too can Trump.
If congress objects to the authority they granted the president, they can take it away. That they have not demonstrates the hypocrisy of partisan politics. Both sides believe the law is “safe” for use by their own party, but deadly in the unhinged hands of their opponents.
When laws are passed 98-0 and 420-1, we should all worry. Unanimity is a graver danger to our republic than division because it always means deliberation has been abandoned.
Trump is right to take the fight to the cartels. If that makes the pin-striped politicos wet their collective under garments, they should purchase Depends.
Permission is granted by those in power over matters for which they’ve been given dominion. True forgiveness is granted only by the Highest authority.
Stephen Piccirillo © 2025
