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Dershowitz: Presidents Must Act Fast to Protect National Security

On June 9, 2025, Harvard Law Professor Emeritus Alan Dershowitz told Greta Van Susteren on The Record that the president must retain the authority to order military operations when the nation’s security is at stake. He made the case plainly: presidents act to prevent chaos, and the courts historically leave those on-the-spot judgments to the commander in chief.

Dershowitz went further, arguing the Supreme Court is unlikely to second-guess a president’s preventive deployment of federal forces so long as there is a reasonable basis for action, pointing to precedents from the civil rights era and emergency responses after Pearl Harbor. That reality matters now more than ever as cities and borders face threats that demand swift, decisive action rather than endless lawsuits and political gamesmanship.

Americans should remember the constitutional and historical context: Congress has formally declared war only a handful of times, and the last time was during World War II — since then the nation has repeatedly engaged in major military operations without formal war declarations. This is not a novelty invented by any one president; it is the way modern geopolitics and threats have forced Washington to operate.

That reality should make conservatives skeptical of any effort to choke off presidential flexibility in the name of process. We are a free people who expect our leaders to defend us, not to be paralyzed by committee hearings while danger mounts. If Congress wants power, let it show up and legislate responsibly instead of surrendering the security of the republic to timorous chanting and theatrical show votes.

Make no mistake: there must be accountability, but accountability does not mean neutering the Oval Office at the first sign of trouble. The Left’s reflexive rush to litigate every legitimate use of force endangers Americans and rewards our adversaries with the one thing they crave most — hesitation. Conservatives should stand for a strong America that can act promptly and legally to protect its citizens and allies.

Congress can reclaim its proper role by writing clear authorizations and funding priorities rather than pretending the war power can be exercised by endless press conferences. The War Powers Act and recent debates show Washington prefers ambiguity to responsibility, letting presidents and courts fill the void while voters pay the price.

Patriots should welcome voices like Dershowitz’s who defend constitutional judgment and common-sense national defense. We must back leaders who will use the tools of state to keep Americans safe, and we must demand that lawmakers stop shirking their duties. If Washington won’t do its job, the president must be trusted to do his — and the people will hold both accountable at the ballot box.

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