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To: DugwayDuke
The Congressional Power to declare war is a plenary power, one without limit.
Congress can declare war in any way it wishes and against any one it wishes.

Congress has limitless power? - BS.

The Constitution gives Congress explicitly enumerated powers, not unlimited plenary powers.

If Congress had endless power, then why would the Framers have bothered to list its powers in the Constitution, one by one?

Since the beginnings of the Republic, arguments have been made, and accepted, that some actions of Congress exceed their delegated powers and are unconstitutional.

Unless you can identify the limitations placed upon the Congressional power to declare war, that power is a plenary power.

The limitations placed on Congressional powers are within the Constitution as Amended.

Our Constitution is designed to place limits on the powers of all levels of all governments in the USA.

The war powers of Congress are not defined in the document as bring unlimited or 'plenary'.

278 posted on 09/03/2007 5:27:16 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine

“The Constitution gives Congress explicitly enumerated powers, not unlimited plenary powers. If Congress had endless power, then why would the Framers have bothered to list its powers in the Constitution, one by one?”

Of course the Constitution grants only enumerated powers. The power to declare war is an enumerated power. It is also a plenary power since it is not limited. A power can be both enumerated and plenary. Use google and get a definition of plenary. Then show me in the Constitution where the Congression power to declare war is limited in any way.


282 posted on 09/03/2007 6:33:39 AM PDT by DugwayDuke (Support Ron Paul. He's against abortion just like he's against earmarks. Sometimes.)
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To: DugwayDuke
Our Constitution is designed to place limits on the powers of all levels of all governments in the USA.
The war powers of Congress are not defined in the document as bring unlimited or 'plenary'.

The Constitution gives Congress explicitly enumerated powers, not unlimited plenary powers. If Congress had endless power, then why would the Framers have bothered to list its powers in the Constitution, one by one??

Of course the Constitution grants only enumerated powers. The power to declare war is an enumerated power.
It is also a plenary power since it is not limited.

Round you go, stuck on a circular argument about 'definitions', -- because you will not admit that Congress is limited in power by other clauses of the Constitution.

A power can be both enumerated and plenary. Use google and get a definition of plenary. Then show me in the Constitution where the Congression power to declare war is limited in any way.

Round you go, -- Look, you admit at your post #281 that Congress is "-- authorize[d] the use of force to accomplish national objectives. --"

Thus, if a specific declaration of war could be proved to be working against our national [constitutionally enumerated] objectives, it would be invalid, - an unconstitutional use of Congressional power.

Can you understand that concept?

284 posted on 09/03/2007 7:27:13 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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