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To: Dan(9698)
Congress does not have authority to specify what tactics are used when they authorize Military Force.

It did just that when it authorized the Quasi-War with France in 1798. It limited the executive to only seizures of French shipping. And SCOTUS confirmed in Bas vs Tingy that Congress has the power to do this.

Congress can rescind the authorization to use Military Force, or refuse to fund it, but they cannot step in and command the operation.

But they can limit it. Providing rules and restrictions for something is not the same as commanding it. Congress doesn't run businesses when it provides rules of commerce, and it doesn't command the military when it provides rules of war.

69 posted on 02/17/2006 1:40:56 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: inquest
And SCOTUS confirmed in Bas vs Tingy that Congress has the power to do this.

OK, But they did not put restrictions on intelligence gathering in the Authorization to use Military Force.

I suppose they could amend the authorization and add it now, but I think the political fallout would be such that they won't do it.

Bush could veto it, so it would have to be by 2/3 of both houses. Unlikely.

73 posted on 02/17/2006 2:27:11 PM PST by Dan(9698)
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