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Tags: ndaa | foreign | affairs | intrusion | unconstitutional

Napolitano to Newsmax: NDAA Foreign Affairs Intrusion 'Sneaky'

By    |   Friday, 15 December 2023 06:51 PM EST

Former New Jersey Superior Court Judge Andrew Napolitano voiced concerns to Newsmax about the constitutionality of legislative interference in foreign affairs during an interview on "The Chris Salcedo Show" on Friday.

Napolitano argued that the National Defense Authorization Act's (NDAA) intrusion into foreign affairs, particularly in matters involving treaties like NATO, undermines the constitutional separation of powers.

He specifically criticized the NDAA, a massive piece of legislation exceeding 1,000 pages that primarily funds the Defense Department. Napolitano characterized the inclusion of extraneous provisions in the NDAA as a devious and unconstitutional maneuver.

"It's sneaky. It's rude. It's raw, and in this case, I think it's unconstitutional," Napolitano asserted.

He highlighted the tactic of inserting controversial measures, such as the inability to leave NATO, which emasculates presidential oversight in the foreign affairs arena, into the NDAA, as it is unlikely for a president to “veto funding for the Defense Department.”

He highlighted the Supreme Court's precedent, emphasizing that decisions related to relationships with other countries fall within the purview of the executive branch.

"The Supreme Court has ruled many, many times that foreign affairs, the relationship between the United States and other countries, is in the executive branch, not in the legislative branch," Napolitano said.

Discussing the potential consequences, the host of the “Judging Freedom” podcast raised the issue of the North Atlantic Treaty Organization (NATO) and its implications for U.S. foreign policy. He noted that even if the United States remains in NATO, the decision to engage in a war is not automatic.

"If Donald Trump is reelected and he doesn't pull us out of NATO," Napolitano stated, "or if something happens where a NATO country is attacked while Joe Biden is president, we still have the option of not going to war."

Napolitano clarified that the power to declare war lies with the United States and requires a “majority vote in both houses of Congress,” along with the president's agreement.

Contrary to recent remarks by President Joe Biden with respect to the U.S. and Ukraine, Napolitano stressed that the U.S. is not obligated to wage war simply due to treaty commitments.

"We are not forced to fight a war as to which there is no consensus for war just because we're in this treaty," he asserted.

Expressing skepticism about the necessity of U.S. involvement in European defense, Napolitano questioned the rationale behind committing resources to safeguard Europe.

"Why should we get involved in defending Europe when they have enough wealth to defend themselves?" he questioned.

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Jim Thomas

Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.

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Former New Jersey Superior Court Judge Andrew Napolitano voiced concerns to Newsmax about the constitutionality of legislative interference in foreign affairs during an interview on "The Chris Salcedo Show" on Friday.
ndaa, foreign, affairs, intrusion, unconstitutional
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2023-51-15
Friday, 15 December 2023 06:51 PM
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