In this episode, Lou and Rob discuss the current events surrounding the presidential use of force in the Caribbean, particularly in relation to narco-terrorism. They explore the constitutional powers of the executive and legislative branches regarding military actions, the historical context of war declarations, and the implications of the War Powers Act and Authorization for Use of Military Force (AUMF). The conversation also delves into legal justifications for military actions, challenges in international law, and the importance of public trust in government.TakeawaysThe U.S. Constitution divides war powers between Congress and the President.The last formal declaration of war by Congress was during World War II.The War Powers Act requires the President to notify Congress of military actions.The AUMF allows the President to take necessary actions against terrorism.Military actions in international waters are subject to different legal standards.Historical precedents show both parties have used military force without formal declarations of war.The legality of military actions can be challenged in court but often upheld.International law supports actions against stateless ships involved in narcotics trafficking.Supreme Court Cases• Bas v. Tingy, 4 U.S. (4 Dall.) 37 (1800)• The Prize Cases, 67 U.S. (2 Black) 635 (1863)• Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)• United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)• Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)• Immigration & Naturalization Service v. Chadha, 462 U.S. 919 (1983)• Hamdi v. Rumsfeld, 542 U.S. 507 (2004)• Rasul v. Bush, 542 U.S. 466 (2004)• Hamdan v. Rumsfeld, 548 U.S. 557 (2006)• Boumediene v. Bush, 553 U.S. 723 (2008)U.S. Constitution• U.S. Const. art. I, § 8 • U.S. Const. art. II, § 2 U.S. Statutes and Executive Orders• War Powers Resolution, Pub. L. No. 93-148, 87 Stat. 555 (1973) (codified at 50 U.S.C. §§ 1541-1548)• Authorization for Use of Military Force (AUMF), Pub. L. No. 107-40, 115 Stat. 224 (2001) (codified at 50 U.S.C. § 1541 note)• Maritime Drug Law Enforcement Act (MDLEA), Pub. L. No. 96-350, 94 Stat. 1159 (1980) (codified as amended at 46 U.S.C. §§ 70501 et seq.)• Immigration and Nationality Act § 219, Pub. L. No. 82-414, 66 Stat. 163 (1952) (codified as amended at 8 U.S.C. § 1189) (Foreign Terrorist Organization designations)• International Emergency Economic Powers Act (IEEPA), Pub. L. No. 95-223, 91 Stat. 1626 (1977) (codified as amended at 50 U.S.C. §§ 1701 et seq.)• Exec. Order No. 13,224, 66 Fed. Reg. 49,079 (Sept. 23, 2001) (Specially Designated Global Terrorists)International Treaties and Conventions• Charter of the United Nations, June 26, 1945, 59 Stat. 1031, T.S. No. 993• Single Convention on Narcotic Drugs, Mar. 30, 1961, 520 U.N.T.S. 151 (as amended by the Protocol Amending the Single Convention on Narcotic Drugs, Mar. 25, 1972, 976 U.N.T.S. 3)• Convention on Psychotropic Substances, Feb. 21, 1971, 1019 U.N.T.S. 175• United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention), Dec. 20, 1988, 1582 U.N.T.S. 95• Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention), Mar. 10, 1988, 1678 U.N.T.S. 221• United Nations Convention on the Law of the Sea (UNCLOS), Dec. 10, 1982, 1833 U.N.T.S. 397• United Nations Convention Against Transnational Organized Crime (UNTOC, Palermo Convention), Nov. 15, 2000, 2225 U.N.T.S. 209• United Nations Convention Against Corruption (UNCAC), Oct. 31, 2003, 2349 U.N.T.S. 41All content is for educational and commentary purposes only. Copyrighted materials are used under Fair Use (17 U.S. Code § 107). Opinions expressed do not constitute legal advice.