Rational Nation USA
Purveyor of Truth
It certainly didn't take long.
Here's what Paragraph 1 of Article II Section 2 of The Constitution of the United States says... The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require (emphasis mine) the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Senator Graham is referring to the National Defense Authorization Act in which Congress built into the NDAA provisions requiring the President to give Congress a 30 day notice prior to moves such as the Bergdahl Gitmo 5 prisoner swap. Considering the wording of the above article and section a strong argument can be made that this particular requirement of the NDAA is in itself unconstitutional. In fact the President made this point in his signing statement.
Excerpt from THE HILL... Sen. Carl Levin (Mich.), the Democratic chairman of the Armed Services panel, said Obama had a plausible legal argument for ignoring the law. “The White House did not comply with the requirement of the 30-day provision. However, the White House said it had power under Article II of the Constitution to do what it did,” Levin said. “I’m not a court that’s going to decide whether or not under Article II the commander in chief has the power to move this quickly even though Congress said you’ve got to give 30 days notice.” Levin said Congress was notified that Obama might not follow the NDAA’s requirement in a signing statement attached to the law. “The executive branch must have the flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers,” Obama asserted in his Dec. 26 statement. ...As the republicans continue their search for a scandal that will grow wings and fly things will likely get more interesting.
What say you?