“Your knowledge is obviously not as extensive as your arrogance.”
Excuse me for imagining that you had some basic understandings of the Constitution.
“Such as verifiable documentation of your assertion that the authority to declare war is a ‘plenary’ power of Congress.”
The concept of ‘plenary power’ is basic to an understanding of the Constitution. Here’s a link to Findlaw that provides the legal definition of a plenary power.
Unless you can identify a limitation placed upon Congress in the Constitution, then you must accept that the power to declare war is plenary.
“Madison’s statement show the declaratory (general) clauses in the Constitution cannot be applied with out also considering the restrictive (specification) clauses of the Constitution.”
Please identify the “restrictive (specification) clauses of the Constitution.” that limit the power to declare war.
Here’s another link that you might find interesting since you’ve been quoting Hamiliton:
http://press-pubs.uchicago.edu/founders/documents/a1_8_11s11.html
This link is to “Alexander Hamilton, The Examination, no. 1”
In this Examination, you’ll find the following quote: “That instrument has only provided affirmatively, that, “The Congress shall have power to declare War;” the plain meaning of which is that, it is the peculiar and exclusive province of Congress,...”
“Congress has no authority to dispense of any individual’s right of any nature.”
There is nothing in the Constitution identifying, granting, or extending any kind of right to a Letter of Marque or Reprisal. If you think otherwise, then identify the clause.
Any clear reading of the Constitution shows that Congress has the power to grant such a letter but there is no obligation of Congress to grant. At best, receiving such a leter is a priveledge and not a right.
Can you identify another right where Congress must issue a Letter prior to your exercising that right? Do you have to have a Letter of Free Speech? Or a permission slip from Congress to ‘assemble’?
No, I 'must' accept no such thing. Defining a word doesn't bestow authority.
You have again failed to provide historical documentation of the Founders beliefs, and disregard the fact that IF they truly believed the war power was ‘plenary’ the documentation concerning that (supposedly) unlimited power would be abundant. They really weren't shy about offering their opinions.
YOU asserted Congress possessed the unlimited capacity to declare war, so it is up to YOU to prove your assertion.
I've already provided evidence to the contrary.
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Please identify the “restrictive (specification) clauses of the Constitution.” that limit the power to declare war.
The clause concerning the declaration of war is proceeded by:
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations ;
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There is nothing in the Constitution identifying, granting, or extending any kind of right to a Letter of Marque or Reprisal. If you think otherwise, then identify the clause.
Um....
1) I've posted Story's take on the subject. As you lack his credentials, I do believe I will take his opinion over yours.
2) If there was NOT a right to remedy (reprisal) it wouldn't BE in the Constitution. It would be impossible to petition for a something that you NEVER had a right to in the first place.
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In this Examination, you’ll find the following quote: “That instrument has only provided affirmatively, that, “The Congress shall have power to declare War;” the plain meaning of which is that, it is the peculiar and exclusive province of Congress,...”
Hamilton discusses the fact a declaration of war is unnecessary if a foreign nation has already declared war on us...so what's your point?
BTW- Hamilton spent 3...count 'em THREE Federalist papers (#26, 27 & 28) discussing the authority of war.
The title of these papers?
The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered
Which leads to a rather logical question:
If the Founders believed the authority to declare war by Congress was an unlimited and ‘plenary’ power, why bother spending so much time and effort discussing it?
LOL!