CONGRESS DID DECLARE WAR! Joint Resolution Authorizing The Use Of Force Against Terrorists

U.S. Congress ^ | 9/14/2001 | U.S. Congress

[SunStar]

Let's all re-read the Congressional Joint Resolution of September 14, 2001.

I'm sick and tired of all the supposed conservative Constitutional "defenders" (and plenty of Leftists as well) who continue to argue that President Bush is not entitled to War Powers, that he is acting in an inappropriate matter, that he is making "arbitrary" rules and regulations up as he goes, and that our Constitution is in jeopardy because Congress did not "Declare War".

Case in point: This was posted by a Freeper yesterday:

Yes War powers are in effect - without a war vote. Constitutional power is NO LONGER in effect. There'll be a lot more crying in the future, perhaps even you and your fellow Bill of Rights shredders. Too late by then tho. Enjoy it - while you can.

This is an example of a supposed conservative, who thinks President Bush is a dictator! Excuse me, but I think we are at war! Congress did in fact declare war. One can attempt to make a semantic argument over the title of the resolution, but the resolution itself says it all. I suggest that everyone keep a copy of this document handy, since the bogus "Congress did not declare war" argument is being used by the Left on a daily basis. The argument is faulty, and those who use it should be called on it. Congress did fact authorized President Bush to do exactly what he is doing -- make war on the enemy, and work to stop future attacks.

-SunStar

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JOINT RESOLUTION AUTHORIZING THE USE OF FORCE AGAINST TERRORISTS

September 14, 2001

This is the text of the joint resolution authorizing the use of force against terrorists, adopted by the Senate and the House of Representatives:

To authorize the use of United States armed forces against those responsible for the recent attacks launched against the United States.

Whereas, on Sept. 11, 2001, acts of despicable violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad, and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence, and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States,

Whereas the president has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.

Resolved by the Senate and the 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"

Section 2. Authorization for Use of United States Armed Forces

(a) That the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements

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.

Applicability of Other Requirements -- Nothing in this resolution supersedes any requirement of the War Powers Resolution.

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From "The War Powers Act of 1973"
http://www.cs.indiana.edu/statecraft/warpow.html

INTERPRETATION OF JOINT RESOLUTION

SEC. 8. (a)

Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--

(1)

from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or

(2)

from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution.

[ironhorse75]

I thought your explanation that the resolution for force after 911 was just a resolution and not an act was interesting. I then decided to compare other war declarations. Here is the World War I declaration of war. Notice the words resolution and authorization:

Joint Resolution Declaring that a state of war exists between the Imperial German Government and the Government and the people of the United States and making provision to prosecute the same.

Whereas the Imperial German Government has committed repeated acts of war against the Government and the people of the United States of America; Therefore be it Resolved by the Senate and the House of Representatives of the United States of America in Congress Assembled, that the state of war between the United States and the Imperial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial German Government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.

CHAMP CLARK
Speaker of the House of Representatives
THOS. R. MARSHALL
Vice President of the United States and President of the Senate

Approved, April 6, 1917
WOODROW WILSON

Source: Source Records of the Great War, Vol. V, ed. Charles F. Horne, National Alumni 1923