Sen. Tim Kaine (D-VA) pushed back on conservative CNBC host Joe Kernen for calling the Constitution's war powers provisions a "moot point" because President Donald Trump had already ordered attacks on Iran without the permission of Congress.
"You must have seen that some of the things that are circulated, how many times President Obama took military action without a declaration," Kernen said in defense of Trump on Tuesday. "But it's almost a moot point. [Trump has] at least has probably 60 days under certain provisions to carry things out."
"And if we did go your route, Senator, what's happened over the past three days is impossible. It could never happen. Even informing Congress at times about certain raids that or actions that have to be done. That's not in the real world, it's not possible," he added.
Kaine replied: "Let me just underline the fact that I made an argument about the Constitution, and you said it was a moot point. I don't believe that. I don't believe the Constitution is a minor matter or a moot point."
Kernen insisted that he didn't believe the Constitution was a moot point.
"I'm asking every senator to do what you should ask them to do," Kaine insisted. "Go on the record and declare, are you for this or against this? Anybody who's elected to a job like this should not hide under their desks and say, oh, you know, even though the Constitution says it's for Congress, let's let the President do it and try to evade accountability. We've got to be accountable."
