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To: IMRight
that the fact they never used the phrase "1,2,3,4 we declare war" is irrelevant.

I don't know about "irrelevant", just not applicable to the President's powers to wage a war. There are a number of provisions of law that are only activated under a declared war(such as enhanced punishments, and suspensions of rights), and I don't think they've been tested.

342 posted on 06/29/2006 8:03:13 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lepton
I don't know about "irrelevant", just not applicable to the President's powers to wage a war. There are a number of provisions of law that are only activated under a declared war(such as enhanced punishments, and suspensions of rights), and I don't think they've been tested.

Actually, that's not quite right. The suspension of rights is a distinct act on Congress' part... it doesn't automatically attach to any warfighting. The "president's power to wage war" is entirely constrained by Congress' Constitutional powers. It's just that they delegated many of those decisions to the executive in recent years (war powers act, etc).

369 posted on 06/29/2006 8:08:28 AM PDT by IMRight
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