Are You For Or Against The War In Iraq?, page 3
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reply posted on 18-5-2005 @ 12:28 PM by phoenixhasrisin
Originally posted by djohnsto77
The U.S. Congress did approve this war, and the Constitution gives the full authority to authorize war to the Congress and the full authority to wage war to the President.


Sorry not to be rude, but you are simply incorrect...Heres why.

Firsst off the congress authorized the PRESIDENT to declare war. However they did not DECLARE war. Under PL 107-243, (H.J.Res.114):

To authorize the use of United States Armed Forces against Iraq. Authorized the President to use armed force to defend the national security of the United States against the threat posed by Iraq, and to enforce all relevant U.N resolutions regarding Iraq. Became public ;a": October 16, 2002.

pg.5
fpc.state.gov...

If the president had the Authority to declare war then it would not have been nec to draft this resolution.

Now here is Article 1, sec 8 Of the US constitution, which clearly states what powers the congress is responsible for:

"To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."

www.usconstitution.net...


So you see the president DOES NOT have the power to declare war under the U.S constitution. Besides that if you read Res-114 it clearly gives the president power to declare war in the event that Iraq was posing an immenent threat to the Nation, NOT TO "Spread Democracy"

Basically the president, and congress have both been in flagrant violation of not only the constitution, but also in violation of the illegal resolution which initially gave the president that power (to declare war).


[edit on 18-5-2005 by phoenixhasrisin]


reply posted on 18-5-2005 @ 02:37 PM by phoenixhasrisin
Originally posted by djohnsto77
The authorization for military action was a defacto declaration of war. It was completely legal under the
War Powers Act of 1973.


Which is still in violation of the constitution. Come on we aren't talking Rocket surgery here. Most if not all constitutionalist will tell you that this is not what was outlined by our founding fathers. I know there are acts, and measures, blah, blah, blah.That does not mean they are within the framework of the constitution though.

[edited for jocularity]

[edit on 18-5-2005 by phoenixhasrisin]


reply posted on 18-5-2005 @ 03:17 PM by cjf
Originally posted by phoenixhasrisin
Originally posted by djohnsto77
The U.S. Congress did approve this war, and the Constitution gives the full authority to authorize war to the Congress and the full authority to wage war to the President.


Sorry not to be rude, but you are simply incorrect...Heres why.

Firsst off the congress authorized the PRESIDENT to declare war. However they did not DECLARE war. Under PL 107-243, (H.J.Res.114):

To authorize the use of United States Armed Forces against Iraq.
Authorized the President to use armed force to defend the national security of the United States against the threat posed by Iraq, and to enforce all relevant U.N resolutions regarding Iraq. Became public ;a": October 16, 2002.

pg.5
fpc.state.gov...

If the president had the Authority to declare war then it would not have been nec to draft this resolution.


Djohntso77 is aboslutly correct in his statment in and of foundation of fact.

Originally posted by phoenixhasrisin
Now here is Article 1, sec 8 Of the US constitution, which clearly states what powers the congress is responsible for:

"To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."

www.usconstitution.net...

So you see the president DOES NOT have the power to declare war under the U.S constitution. Besides that if you read Res-114 it clearly gives the president power to declare war in the event that Iraq was posing an immenent threat to the Nation, NOT TO "Spread Democracy"


The president of the United States only needs to procure a formal declaration of ‘War’ under certain situations as defined by the ‘War Powers Act’ of 1973 which negates most of your points. You are confusing declarations of 'war' with 'formal declarations of war' by the US.


WPA 1973 Copy WPA 1973: Abbriviated for space:

Sec. 4. (a)
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced-- ……………

4. (c) Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.


Read from your own “sited” source which supports the above:



H.Res. 612 Reaffirmed that it should be the policy of the United States to
support efforts to remove the regime of Saddam Hussein in Iraq and
to promote the emergence of a democratic government to replace that
regime. Passed in the House: December 17, 1998

H.Con.Res.137 Expressed concern for the urgent need of a criminal tribunal to try
members of the Iraqi regime for war crimes.
Passed in the House: January 27, 1998

P.L. 107-243 (H.J.Res. 114). To Authorize the Use of United States Armed Forces
against Iraq. Authorized the President to use armed force to defend
the national security of the United States against the threat posed by
Iraq and to enforce all relevant U.N. resolutions regarding Iraq.
Became public law: October 16, 2002


Originally posted by phoenixhasrisin
Basically the president, and congress have both been in flagrant violation of not only the constitution, but also in violation of the illegal resolution which initially gave the president that power (to declare war).


Not to be obtuse, are you saying the President can declare war but can’t, but wait he can, but with the approval of congress, wait that's not it,oh no he can’t, they can, wait they are both wrong? Your pushing the implied act of ‘spreading democracy’ by fitting that in to your statements perhaps as your message; no where in your displayed facts demonstrate a single hint of this intent, and if so how

The above does not include the changes to:

Executive Order 13074--Amendment to Executive Order 12656
(many more available)

Which grant even more rights to the President of the United States in the light you focus.

The congress of the United States can grant these powers based in their constitution under the general authorities granted under what has been called ‘The Elastic Clause'. (refer to your own link) The original constitution of the US can be modified and powers redistributed long after the original was inked in upon ratifiaction.


reply posted on 18-5-2005 @ 03:23 PM by cjf
Originally posted by phoenixhasrisin
Originally posted by djohnsto77
The authorization for military action was a defacto declaration of war. It was completely legal under the
War Powers Act of 1973.


Which is still in violation of the constitution. Come on we aren't talking Rocket surgery here. Most if not all constitutionalist will tell you that this is not what was outlined by our founding fathers. I know there are acts, and measures, blah, blah, blah.That does not mean they are within the framework of the constitution though.
[edited for jocularity]

[edit on 18-5-2005 by phoenixhasrisin]


The ‘War Powers Act’ is law and was properly ratified by the Senate and House of Representatives, November 7, 1973 Under the constitutional authority granted by Article I. Section 8.:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.




.

[edit on 18-5-2005 by cjf]
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