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To: William Tell
No. The Congress has the power to declare war. They cannot pass a resolution suggesting that the President has the power to declare war.

"But, but, but......."

101 posted on 06/14/2002 12:24:31 PM PDT by FreeTally
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To: FreeTally
Congress did NOT declare war. The document you are refering to is a use of force resolution, which does exactly what it sounds like-- it authorizes the president to use milliary FORCE in a campaign (such as Bosnia, Greneda, etc.) However, it does NOT "declare war". To declare war, congress must specifically pass a resolution saying a state of war exists between the U.S. and another nation (such as Afghanistan). Congress certainly had the grounds to pass such a resolution (America was subject to an unprovoked attack), and legislation was introduced by Bob Barr and others which would have done exactly that. It was not passed.

Technically speaking, Congress has not OFFICIALLY "declared war" since WWII. Korea, Vietnam, Persian Gulf, and the Terrorism campaign are all undeclared wars. The Civil War was an undeclared war, too. Here's what a resolution for a declared war looks like:

December 8, 1941

JOINT RESOLUTION Declaring that a state of war exists between the Imperial Government of Japan and the Government and the people of the United States and making provisions to prosecute the same.

Whereas the Imperial Government of Japan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President 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 Government of Japan; 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.

Approved, U.S. House of Represenatives, 388-1
Approved, U.S. Senate, 82-0

Hereby authorized by President Franklin D. Roosevelt, December 8, 1941, 4:10 p.m. E.S.T.

The ONLY times in U.S. history that war has been officially "declared" are the following:

November 4, 1812: Joint Resolution declaring a state of war has existed between the United States and the Kingdom of Great Britain since November 2, 1812.

May 11, 1846: Joint Resolution declaring a state of war has existed between the United States and the Republic of Mexico since April 24, 1846.

April 25, 1898: Joint resolution declaring a state of war has existed between the United States and the Republic of Spain since April 21, 1898

April 2, 1917: Joint resolution declaring a state of war has existed between the United States and the Republic of Germany since April 2, 1917

December 8, 1941: Joint resolution declaring a state of war has existed between the United States and the Empire of Japan since December 7, 1941

December 11, 1941: Joint resolution declaring a state of war has existed between the United States and the Government of Germany since December 8, 1941

December 11, 1941: Joint resolution declaring a state of war has existed between the United States and the Government of Italy since December 8, 1941

Each of those were passed following a joint session of congress where the President asked them to declare war. I fully support President Bush's War on Terrorism, but if he wants to go by the books, he must ask congress to declare a state of war has existed between the U.S. and Iran, Iraq, and North Korea since September 11th.

145 posted on 06/14/2002 1:10:43 PM PDT by BillyBoy
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