Posted on 03/01/2003 3:14:26 PM PST by exodus
You are thinking of the War Powers Act. Congress can at anytime cut funding to a military operation that it decides has run its course no matter what mechanism the war is being waged under. The executive has complete control as to resources and their use while war is being waged and congresses continued support. You folk need to get a better straw man than this "declaration of war" drivel. The truth is, Ron Paul would vote against a DOW just as he voted against the joint resolution. You would too. If anyone’s powers have been usurped since the advent of the War Powers Act it is the Executive not the Legislative.
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An act of war was perpetrated on the mainland of the United States on 9/11/01, thousands of citizens were murdered at work, for the simple reason of being Americans.
An act of terrorism was perpetrated on the mainland of the United States. It's not quite the same thing as "war."
What in the heck is your point? There is only one way that there will be no war with Iraq, that is Saddam and his government dead or in exile. So yes there is an "alternative" but it is so remote as to be laughable.
By what I remember of the "Authorization of Force," Congress specified that the Authorization was subject to the provisions of the War Powers Act (the six month rule), and also said "unless a Declaration of War is granted."
Oh baloney
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If anyone’s powers have been usurped since the advent of the War Powers Act it is the Executive not the Legislative.
That's what President Nixon said would happen when he vetoed it.
So he isn't a "warmonger" afterall?
You can take your time, though. I'm going to bed. Catch all of ye tomorrow.
Yes they cant go to war and collect their special interest PORK CHECKS !
Uh...I believe it was you that changed the subject from what constitutes a war declaration to the meaning of "if". But have a good night anyway. You may do better tomorrow.
With the internet, one need not rely on memory alone> :)
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002
Public Law 107-243 107th Congress
(After the useual "Whereas" clauses)
Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the `Authorization for Use of Military Force Against Iraq Resolution of 2002'.
SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
The Congress of the United States supports the efforts by the President to--
(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and
(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.
(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.
(c) War Powers Resolution Requirements- (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.
SEC. 4. REPORTS TO CONGRESS.
(a) REPORTS- The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105-338).
(b) SINGLE CONSOLIDATED REPORT- To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93-148), all such reports may be submitted as a single consolidated report to the Congress.
(c) RULE OF CONSTRUCTION- To the extent that the information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of such resolution.
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So, half right, the Resolution does make it clear that Presidental action is to be subjec to the war powers act, but also that the resoution itself consitutitutes the authorization required by the WPA. However it does not mention any Declaration of War. I guess that could be in the WPA itself, but it's too late to go digging that up tonight.
Thanks, your link is better than what I found on the "Authorization of Force against Iraq."
War and hostilities are not quite the same thing. Consider the so called "sitskrieg" at the begining stages of WW-II for example. The President, acting as commander in chief, can decide wether and when to inititate hositle/military action. Just because he chooses not to do so at any partiuclar time, or ever, does not change the fact that a state of war exists. Jefferson could decide whether and/or when to use military force against the pirates, but in any event, he was authorized by Congress to use that force. He wasn't directed to use it, and in fact I don't directing him do so would be Constitutional, as it would usurp his powers as Commander in Chief.
Now all this aside, I'd like a Declaration of War, for a number of reasons, not the least of which would be to make absolutely clear that the actions of those supporting Saddam do indeed constitute Treason, although I don't believe a DoW is require for that, but it would make it clear. However that's not going to happen for a number of reasons, both domestic and diplomatic, mores the pity. At least we have the Congress and the President more or less on the same page, which is what the split powers of Declaring War and of the commander in Chief, was all about.
Some of us don't use search features very efficiently. :))
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