🌎 The recent US special forces raid that detained Venezuela’s president has sparked a fierce debate: can Washington legally seize control of another country? Top US scholars say no. Here are the three main reasons why this power play may be unconstitutional:
1. War vs Law Enforcement
The US labeled the operation as a law enforcement action to serve drug-related terrorism indictments. But the president’s own words framed it as a war move, complete with plans to take oil revenues. Under the US Constitution, only Congress can declare war. Skipping that step could turn this into an illegal military action.
2. No Legal Basis to Run Another Country
US law has no clause that lets a president govern a foreign nation. There is no budget approved by Congress for running Venezuela, and the constitution forbids spending without a valid appropriation. Any attempt to fill that gap breaches US law on separation of powers.
3. Head of State Immunity
International law shields sitting heads of state from being tried in domestic courts. Venezuela’s president enjoys that immunity. While US courts may push through the trial, ignoring this protection sets a risky global precedent.
These legal hurdles highlight a bigger issue: without effective checks from Congress or the judiciary, executive overreach can go unchecked. As the case moves through US courts, the world will be watching to see if law or power wins out. 🤔
Reference(s):
Can U.S. 'run' a foreign sovereign nation? No, say U.S. legal scholars
cgtn.com
