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CONGRESS DID DECLARE WAR! Joint Resolution Authorizing The Use Of Force Against Terrorists
U.S. Congress ^ | 9/14/2001 | U.S. Congress

Posted on 06/14/2002 10:22:22 AM PDT by 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 Constitutional power is NO LONGER in effect.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



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.



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.


TOPICS: Extended News; Front Page News; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: alqaeda; congress; declarationofwar; waronterror
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To: Centurion2000
Don't worry Hillary will use the act to arrest peaceniks who protest her wars.
41 posted on 06/14/2002 11:15:02 AM PDT by Austin Willard Wright
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To: SunStar
So if a Tamil tiger flies to Paris and plants a bomb, does that mean that Tamil tigers have "global reach?"
42 posted on 06/14/2002 11:15:56 AM PDT by Austin Willard Wright
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To: RightWhale
Congress did not declare war, and such a declaration was not necessary since a state of war already existed by an act of war by an enemy. War was declared on America and Congress authorized [and funded] the President to take the war back to the enemy. Yes, America is at war now whether America declared war or not.

Bingo!

43 posted on 06/14/2002 11:16:08 AM PDT by SunStar
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To: NormsRevenge
Let go of the Constitution

There's a word for that: Surrender.

44 posted on 06/14/2002 11:16:26 AM PDT by freeeee
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To: freeeee
The unanswerable question: What was so hard about declaring war the way the Constitution spells out?

Anytime the government does not follow the constitution by the letter, and makes up some specious argument to get to the same end without following the constitution, we must be very wary.

45 posted on 06/14/2002 11:16:55 AM PDT by FreeTally
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To: Austin Willard Wright
So if a Tamil tiger flies to Paris and plants a bomb, does that mean that Tamil tigers have "global reach?"

When they attack us in an Act of War, then they have declared war on us. Until then, I'd say we should stick to the terrorist groups who have already attacked us.

46 posted on 06/14/2002 11:17:13 AM PDT by SunStar
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To: SunStar
I believe the enemy is "terrorist groups of global reach".

Cool! Lets get the IRA.

Oh, they are not a target? Huh!?

47 posted on 06/14/2002 11:18:04 AM PDT by FreeTally
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To: SunStar
When they attack us in an Act of War, then they have declared war on us. Until then, I'd say we should stick to the terrorist groups who have already attacked us.

Slow down, hoss. You said, "I believe the enemy is "terrorist groups of global reach". Now, its only if they attack us. So its pretty much whoever King George tells the pesants it is, right?

48 posted on 06/14/2002 11:20:12 AM PDT by FreeTally
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To: FreeTally
Cool! Lets get the IRA. Oh, they are not a target? Huh!?

When's the last time the IRA bombed anyone outside of the UK?

49 posted on 06/14/2002 11:20:45 AM PDT by SunStar
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To: NormsRevenge
This is why the War Powers Act is such a sore spot for so many.

The War Powers Act is unconstitutional as it rearranges the constitutionally designated method in which the different branches of government can wage war. Mainly, it allows the executive to declare and wage war independent of the legislature.

For such a radical redesign of government to be legitimate, it would have to have been passed as a constitutional amendment. It was not. Mere legislation is inferior to constitutional directives. Once upon a time, conservatives knew that.

50 posted on 06/14/2002 11:20:51 AM PDT by freeeee
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To: FreeTally
Slow down, hoss. You said, "I believe the enemy is "terrorist groups of global reach". Now, its only if they attack us. So its pretty much whoever King George tells the pesants it is, right?

Nice one. You sound just like Paul Begala. Good job.

TERRORISTS WHO ATTACKED US OR RELATED PERSONS AND NATIONS ARE OUR ENEMIES. GOT IT YET?

51 posted on 06/14/2002 11:22:25 AM PDT by SunStar
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To: freeeee
Mere legislation is inferior to constitutional directives. Once upon a time, conservatives knew that.

Doesn't the Constitution allow the Supreme Court to make that determination?

52 posted on 06/14/2002 11:23:09 AM PDT by SunStar
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To: freeeee; agitator; Austin Willard Wright
The justifications for violating the Constitution are almost staggering. I have gotten an exercise from all the mental yoga displayed here. See, they start with an end(legal war, in this case), then find a justification(means) exclusive of the constitutional guidelines. Seems silly when all this could have been avoided with a formal declaration of war. But hey, lets not piss of all those insurance policy holders who would been out of luck, thus really looking for an explanation as to why the government didn't stop this.
53 posted on 06/14/2002 11:24:36 AM PDT by FreeTally
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To: SunStar
Good Job !! Some folks just don't want to offend the terrorists, it would seem. So they throw up all these arguments and wrap the flag and cry Foul!! They don;t like being told they are in fact the ones out of touch with reality. There isn;t a helluva lot you can do to lift the blinders from some folks eyes so they can actually see what is happening . Sighhh
54 posted on 06/14/2002 11:25:03 AM PDT by NormsRevenge
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To: FreeTally
What was so hard about declaring war the way the Constitution spells out?

You're getting close to the real issue here.

I would rephrase the question as "Why won't Congress declare war, and why doesn't the administration want them to?"

The administration didn't ask Congress to drop its pending declaration of war for no good reason. Are we afraid to ask why?

Is an insurance policy good enough reason to ingore the Constitution? We blow billions on everything under the sun, how about compensating the WTC owners if the insurance policy becomes invalid if Congress does its duty?

Or is there an even more insidious reason, one we're all wary of: A real declaration of war means that one day, war powers would end. And some people desperately don't want that to ever happen.

55 posted on 06/14/2002 11:25:31 AM PDT by freeeee
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To: SunStar
So it's not "terrorists groups of worldwide reach"? So this isn't really a "war on terrorism", then is it. It's an illegal use of war powers on criminals who have no country.
56 posted on 06/14/2002 11:26:23 AM PDT by FreeTally
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To: FreeTally
It's an illegal use of war powers on criminals who have no country.

So, what you are implying is that since there is no state to blame, we cannot pursue our enemies?

57 posted on 06/14/2002 11:28:11 AM PDT by SunStar
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To: freeeee
Is an insurance policy good enough reason to ingore the Constitution? We blow billions on everything under the sun, how about compensating the WTC owners if the insurance policy becomes invalid if Congress does its duty?

Or is there an even more insidious reason, one we're all wary of: A real declaration of war means that one day, war powers would end. And some people desperately don't want that to ever happen.

Yep, and I think possibly the "insurance policy holders" go hand in hand with the questions that we don't want to ask. If the policies were null with a declaration of war, and the government(tax payers) didn't bail them out, then there would be thousands looking for the truth because of anger.

58 posted on 06/14/2002 11:28:53 AM PDT by FreeTally
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To: SunStar
So, what you are implying is that since there is no state to blame, we cannot pursue our enemies?

Not at all, which is the first conclusion people on your side want to jump to. The President just can not be granted Executive War Powers. It's that simple.

We know which countries support and harbor terrorists. IF the Prez and congress were serious about a war on terrorism that has a demonstrative end, then they would declare war on all of those countries.

59 posted on 06/14/2002 11:31:09 AM PDT by FreeTally
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To: SunStar
Doesn't the Constitution allow the Supreme Court to make that determination?

No. Amendments are covered by article V, and nowhere does Article V list SCOTUS as being able to amend the Constitution.

Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Conservatives used to decry judicial activism. But as ususal, when it suits their purposes....

60 posted on 06/14/2002 11:31:41 AM PDT by freeeee
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