Originally posted by adamc3
If you had read my post you would know that war was never declared in regard to Iraq. Congress does not have to authorize deploying troops or even
invading a country.
Never tell me what I have and have not read. Mind your manners.
War has not been declared since WWII, by your logic the the invasion of Greenland in 1940, Korean war, Vietnam, Haiti, Bosnia and Herzegovina,
and Somalia were all illegal. Which would mean FDR, Nixon,Carter, Reagan, Bush41, Clinton, and Bush42 are all criminals. Other than Nixon, I would
disagree so would the Supreme Court, the ultimate interpreter of the constitution.
At the Constitutional Convention in 1787 the first draft of the Constitution gave Congress the sole power to "make" war. This was changed to
"declare" war, so as not to limit the Commander in Chiefs powers. Had they wanted or intended Congressional approval for engaging in war they would
have written it that way.
A state constitution at the time prohibited the Governor from "making" war without Congressional approval.
Lastly, the powers granted to the President in the War Powers Act have been held as constitutional by the Supreme Court and therefore do not violate
the Constitution.
Appeal to authority means nothing to me. If supreme court justices rule a certain way it could simply mean they are complete mental retards who cannot
read the constitution for the life of them. Such is the case with the very clear-cut order of the constitution in regard to congress declaring war
before military action is taken by the president. If you look at what evidence the supreme court went by, you can see their decision was nonsensical.
(The evidence being the constitution.)
The idea that congress has to declare war for the purpose of ceremonial ritual makes no sense whatsoever. Do you really believe that the line about
declaring war is for the sake of window dressing? Congress declares war for the purpose of authorizing the war and telling the president to make war.
And the reason it says "declare" instead of "make" is because congress declares it and then the president
makes it happen. The reason it
was changed is to add to the separation of powers. What you imply is that congress declares war for the purpose of executing a political
ritual/ceremony. Well no... otherwise you could just say the entire constitution is just ceremonial and just something there to state things that are
already known. This is a very fundamental part of the constitution and its more than just window dressing as you seem to claim.
You can see the obvious example set by the early presidents. The only cases where war was not declared was in cases where another country explicitly
declared war on us. I'm not sure when presidents decided to start ignoring the constitution but the first one who did belongs in prison along with
all the rest of them who decided to ignore it. So, in regards to FDR, Nixon,Carter, Reagan, Bush41, Clinton, and Bush42: they may well all be
criminals who belong in prison if they made war without congressional declaration of war. And as for Bush42, he is proven guilty as a war criminal.