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Senator Rand Paul’s Impish Amendment

Jack Goldsmith
Thursday, March 31, 2011, 9:18 AM
Senator Rand Paul has attached the following Amendment to S.

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Senator Rand Paul has attached the following Amendment to S. 493, the SBIR/STTR Reauthorization Act of 2011:
It is the sense of the Senate, that “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”
The internally quoted remarks are from Senator Obama’s 2007 statement to Charlie Savage.  Majority Leader Reid has apparently indicated an intention to vote on a variety of amendments to the Bill this morning.  It is unclear if Senator Paul’s motion will be among those votes.

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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