Justice Scalia wonders what would happen if “we have a foolish President?”

November 7th, 2011

Imagine that! From MBZ v. Clinton:

JUSTICE SCALIA: What if — what if the recognition of a breakaway province of a foreign country by the United States will clearly provoke a war with that country. Would Congress have the power to decree that the President shall not recognize that breakaway province, knowing — knowing that if he does recognize it, that country will declare war on the United States?

GEN. VERRILLI: I think, Justice Scalia, that’s a situation in which the President would exercise that recognition power very carefully -JUSTICE

SCALIA: No, no. We have a foolish President.


JUSTICE SCALIA: Contrary to our entire history, we have a -(