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Rep. Scott Garrett (R-NJ): Bill Limiting Military Action in Libya is Unconstitutional
http://garrett.house.gov/News/DocumentSingle.aspx?DocumentID=248775 ^ | June 24, 2011

Posted on 06/24/2011 2:29:09 PM PDT by dead

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To: sloop

Highlight for me where it says “a State of War exists” in that resolution.

That is the benchmark.

Just like in the other Declarations of War. I have already shown you one, I can show you all of the others if you want me to.


41 posted on 06/24/2011 3:29:05 PM PDT by Anitius Severinus Boethius
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To: Anitius Severinus Boethius

no

you highlight for me where the constitution requires that

you can’t


42 posted on 06/24/2011 3:32:07 PM PDT by sloop (don't touch my junk)
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To: ex-snook
"Roosevelt was the last president with enough leadership ability to get a formal declaration of war through Congress."

I don't think any leadership ability was needed to declare war on Japan. After Pearl Harbor my dog could have got a formal declaration of war through Congress.

43 posted on 06/24/2011 3:42:29 PM PDT by Graneros ("It is no exaggeration to say that the undecided could go one way or another.")
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To: sloop

Art I Sec 8:

“The Congress shall have Power . . . To declare War”

Nowhere will you find a clause that gives that Power to the President. Therefore, he is dependent on Congress to declare War. An AUMF is not a Declaration of War, though it has been used as such for many years.

But remember, I challenged you to provide proof of your claim that Bush had a Declaration of War, So far, you have not provided anything.


44 posted on 06/24/2011 3:49:59 PM PDT by savedbygrace (But God.)
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To: dead

You may be correct,


45 posted on 06/24/2011 3:50:56 PM PDT by org.whodat
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To: dead

You may be correct,


46 posted on 06/24/2011 3:51:04 PM PDT by org.whodat
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To: savedbygrace

this is pointless - you establish imaginary conditions that are not present

it might make sense in your head - but it has nothing to do with law


47 posted on 06/24/2011 3:52:07 PM PDT by sloop (don't touch my junk)
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To: sloop

You are correct that this is pointless, but not because of anything imaginary on my part.

You have been challenged by several FReepers in this thread to prove your claim that Bush had a Declaration of War. So far, you haven’t provided any proof to any of us. You are 0 fer.


48 posted on 06/24/2011 3:57:14 PM PDT by savedbygrace (But God.)
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To: savedbygrace

and you have yet to disprove the it IS NOT a declaration of war

making up requirements that ARE NOT PRESENT IN THE CONSTITUTION

i won’t waste time trying to prove something that is NOT required - and you can’t prove it IS required


49 posted on 06/24/2011 4:00:02 PM PDT by sloop (don't touch my junk)
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To: sloop
i think i got lost on my nots and diss there
50 posted on 06/24/2011 4:03:14 PM PDT by sloop (don't touch my junk)
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To: sloop

i think the word ‘grapes’ is required in a declaration of war


51 posted on 06/24/2011 4:04:39 PM PDT by sloop (don't touch my junk)
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To: dead
The reality is that they have abdicated the constitutionally specified power to declare war on other nations for political reasons. Generally, they are too scared to take a stand, and would rather let the president make the decision. Then they are free to cheer or snipe as the popularity of the war waxes and wanes.

You raise some good points here, and this is probably one reason why Congress doesn't declare war anymore, but it is far from the biggest reason.

The real reason Congress no longer declares war is that a war declaration would effectively force the U.S. government -- from a political standpoint as well as a military standpoint -- to wage a full-scale war against a foreign nation, obliterate its infrastructure, kill many people, etc. The U.S. hasn't had any intention of doing any such thing in decades. Nowadays, we fight colonial wars whose sole purpose is to topple one regime, support another governing faction, and spend many years in what often ends up being a useless "nation-building" campaign.

In this kind of scenario, destroying a foreign enemy's infrastructure and laying waste to large pieces of real estate is completely counterproductive.

So we don't fight wars anymore. We just pick sides in the internal affairs of foreign countries.

52 posted on 06/24/2011 4:11:19 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: sloop

Your problem is that you claimed Bush had a declaration. You have been challenged to prove THAT and you have failed to do so. That is your Job Number One.

BTW, in a debate, it is not incumbent on a debater to disprove a claim made by the opponent. The person making the claim must prove it or lose the point. So far, you are losing the point, and badly.


53 posted on 06/24/2011 4:11:33 PM PDT by savedbygrace (But God.)
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To: savedbygrace
ok i failed

and challenged you to prove it was not

and you can't

the requirements that you claim are in the constitution are not present

now you have failed

until a court says otherwise, i will go with the opinion of mark levin

54 posted on 06/24/2011 4:18:11 PM PDT by sloop (don't touch my junk)
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To: sloop

(that is called citing authority)


55 posted on 06/24/2011 4:30:43 PM PDT by sloop (don't touch my junk)
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To: Alberta's Child

56 posted on 06/24/2011 4:39:43 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: sloop

actually - i did win the point - i cited the resolution as a declaration of war - the onus is on you to prove its not


57 posted on 06/24/2011 4:39:55 PM PDT by sloop (don't touch my junk)
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To: dead

“The Constitution is very clear in this regard – Congress has the power to declare war and the president, as commander-in-chief, has the power to carry it out.”

The Constitution is also very clear as regards “the power of the purse strings,” dumbass.


58 posted on 06/24/2011 4:41:16 PM PDT by Tublecane
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To: sloop

What part of the second paragraph in my post #53 do you not understand?

And what opinion of Mark Levin? Please provide a link to said opinion.


59 posted on 06/24/2011 4:43:18 PM PDT by savedbygrace (But God.)
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To: Anitius Severinus Boethius; 353FMG
Originally posted by: Anitius Severinus Boethius
"We have only declared war 5 times."


I think it was 11 times that a Declaration of War was issued by the Congress, not just five...

 1.) 1812  War of 1812          - Great Britain
 2.) 1846  Mexican-American War - Mexico
 3.) 1898  Spanish-American War - Spain
 4.) 1917  WWI                  - Germany
 5.) 1917  WWI                  - Austria-Hungary
 6.) 1941  WWII                 - Japan
 7.) 1941  WWII                 - Germany
 8.) 1941  WWII                 - Italy
 9.) 1942  WWII                 - Bulgaria
10.) 1942  WWII                 - Hungary
11.) 1942  WWII                 - Romania 

And just to forstall the, "see it was only five wars" - a declaration of War is against a specific nation-state. The Congress did not declare World War II, it delared war against six nation-states, three of them six months after the Japanese attack on Pearl Harbor on December 7th, 1941.

Please notice that the United States Congress did not declare War on Finland, which was allied with Nazi Germany against the Soviet Union during WWII. I guess that the Congress still remembered the Soviet Union's attack on Finland in November of 1939.


dvwjr

60 posted on 06/24/2011 4:45:16 PM PDT by dvwjr
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