this post was submitted on 04 Nov 2024
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[–] [email protected] 59 points 1 month ago* (last edited 1 month ago) (2 children)

Well, now Democrats will start coming up with excuses for why conditioning or ceasing arms sales to Netanyahu isn't within her power.

EDIT: I already voted for Harris.

[–] [email protected] 26 points 1 month ago (2 children)

It is within the President's power to use executive authority to halt the military financing to Israel.

(While this could maybebe overruled by congress, it would be a huge blow to Israel in the interim)

[–] [email protected] 34 points 1 month ago (2 children)

So in May the (majority Republican) House passed H.R.8369 - Israel Security Assistance Support Act:

This bill specifies that no federal funds may be used to withhold, halt, reverse, or cancel the delivery of defense articles or defense services to Israel. Also, no funds may be used to pay the salary of any Department of Defense (DOD) or Department of State employee who acts to limit defense deliveries to Israel.

This bill attempts to force the completion of arms sales to Israel. This basically amounts to the legislative branch meddling directly with how the executive branch conducts foreign policy and defense policy, which the White House objected to (completely correctly). Biden threatened to veto the act if it were sent to him. The bill was placed on the Senate's legislative calendar on May 21, 2024, and has not been voted on. It will probably not go anywhere at this point.

The executive branch has already been actively delaying some military equipment transfers to Israel, that's why the House pushed this act.

[–] [email protected] 7 points 1 month ago (2 children)

So if the Dems wanted to repeal this bill, they would need to control the house, correct?

[–] [email protected] 31 points 1 month ago

Nah, the bill was never passed in the senate so it isn't law at all. Just unenforceable posturing.

[–] [email protected] 18 points 1 month ago* (last edited 1 month ago)

If Democrats controlled the House the bill would likely not have passed there in the first place.

In any case it doesn't matter because the Senate will probably never vote on it, and even if they did and it passed Biden would veto it.

It's also important to understand that this bill would not add any new arms transfers to Israel, but only compel the completion of existing transfers which the executive branch had chosen to withhold.

Ultimately, the point is that Congress does not have the authority to force the transfer of US military equipment to a foreign power. The disposition of military equipment is the purview of the Department of Defense, and trade with other national governments is the purview of the Department of Foreign Affairs, both of which report to the President.

[–] [email protected] 5 points 1 month ago (1 children)

Thankfully it costs nothing to not send weapons.

[–] [email protected] 9 points 1 month ago (1 children)

This is essentially the crux of the issue. Congress can designate funds in the budget for aid to Israel and they can specify what the funds are for (military equipment, humanitarian aid, loans, etc), but they don't have the authority to perform the actual transfer of the funds (or material paid for by the funds) to Israel, that falls under the authority of the executive branch. Congress can provide the money but they can't actually force the spending of the money.

Praise be to the system of checks and balances.

I don't know why you're getting downvotes, I think you've got it right.

[–] [email protected] 5 points 1 month ago

people are panicing because harris might lose and acting like morons towards anyone who doesn't unequivocally support her atm. add to that many people don't understand how the system works on top of it. 🤷 its no matter internet points are useless to me anyway. =)

[–] [email protected] 19 points 1 month ago

It is within the President’s power to use executive authority to halt the military financing to Israel.

It is, yes. But Democrats are fucking outstanding at inventing bureaucratic hurdles to stand in the way of things they ran on but don't want to do.

[–] [email protected] 3 points 1 month ago (1 children)

EDIT: I already voted for Harris.

Is this the new "I condemn hamas" disclaimer everyone is required to have in their comments in order to criticize the democratic party?

[–] [email protected] 2 points 1 month ago

Always has been. "I voted for the person, you can't say I'm voting for Trump or third party."

We have to otherwise we get smug liberals posting strawmen.