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Attorney General Gonzales "There was not a war declaration"
Wikipedia ^ | 2/6/2006

Posted on 11/28/2007 1:18:09 PM PST by ksen

AG Gonzales "There was not a war declaration, either in connection with Al Qaida or in Iraq. It was an authorization to use military force.

I only want to clarify that, because there are implications. Obviously, when you talk about a war declaration, you're possibly talking about affecting treaties, diplomatic relations. And so there is a distinction in law and in practice. And we're not talking about a war declaration. This is an authorization only to use military force."


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: doj; gonzales; iraq
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To: angkor

There is precedence for this as in 1815 when the UK, Russia, Austria and other Coalition members declared war specifically on Napoleon and not on France. However, Coalition forces marched on Paris and occupied France for a number of years even after napoleon was exiled.


61 posted on 11/28/2007 2:40:28 PM PST by Eternal_Bear
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To: ksen
AG Gonzales "There was not a war declaration, either in connection with Al Qaida or in Iraq. It was an authorization to use military force.

If there was no declaration of war, then what is this War on Terrorism Bush is always talking about? A day does not go by when someone in Washington isn't using "The War" as a reason for something that doesn't set well with the public.

Could this war on terrorism be another one of those "forever wars" like war on crime, war on drugs, war on poverty etc?

62 posted on 11/28/2007 2:40:51 PM PST by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: SoConPubbie; angkor; ksen
I believe the problem is you have to have a country you are fighting in order to have a declaration of war.

That's why Jefferson went after the Barbary pirates without a declaration. Same reason that even Ron Paul supported the Afghanistan action. al Qaeda was not one nation. Remember, bin Ladin was a Saudi/Yemeni (still not clear which), as were 15 of 19 hijackers.

Who do you declare war against? The average Afghani certainly didn't have anything to do with 9/11, hell, the nation at large didn't have anything to do with it.

The Taliban got smacked around because they were sponsoring al Qaeda, and they're not in power any more.

63 posted on 11/28/2007 2:50:27 PM PST by Calvinist_Dark_Lord ((I have come here to kick @$$ and chew bubblegum...and I'm all outta bubblegum! ~Roddy Piper))
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To: ovrtaxt

No. The Barbary Pirates was the second undeclared US war.
The Quasi War with France was the first undeclared US war.


64 posted on 11/28/2007 2:51:01 PM PST by DJ Elliott
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To: HAL9000

US declared wars:
1. Independence
2. 1812
3. First Seminal War
4. Second Seminal War (never officially ended).
5. Mexican-American War
6. Civil War
7. Spanish-American War
8. WWI
9. WWII

Everything else, starting with the Quasi War (1798) with France has been conflicts other than war...


65 posted on 11/28/2007 2:55:27 PM PST by DJ Elliott
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To: ksen
There is no "highest attorney" in the country. There is a highest court (The Supreme Court), a highest executive (The President), and a highest commander (again, The President). There is a Speaker of the House, who could in some way be considered the "highest legislator", but that is a very limited since of highness, and not directly related to the Speaker's legislative power.

But sorry, there is no "highest attorney" -- the legal opinion of the US attorney General is equal to that of any citizen.

66 posted on 11/28/2007 3:04:23 PM PST by bvw
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To: DJ Elliott

Good answer but even as informed as it is it is still incorrect. Try again!


67 posted on 11/28/2007 3:05:18 PM PST by bvw
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To: ksen

“This is an authorization only to use military force.””

The irony is you can now apparently invade a country, depose its long-standing government with which the US for decades has normal relations with, and establish a new one, while maintaining military occupancy, and not be at war.

Not commenting on the specific politics of Iraq in particular (this would apply to Panama as well, though in theory the canal treaty justifies anything the US wants to say it justifies), but it seems the US will never declare war against someone again?


68 posted on 11/28/2007 3:15:38 PM PST by WoofDog123
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To: WoofDog123

“depose its long-standing government with which the US for decades has normal relations with”

should read *had*


69 posted on 11/28/2007 3:17:36 PM PST by WoofDog123
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To: timydnuc
We have not had an official declaration of war since FDR asked for, and got one on December 8th, 1941.

Actually the US declared war on Japan on that date. We later declared war on Germany and Italy on December 11th, following their unprovoked declaration of war on us. Even later we declared war on Bulgaria, Romania and Hungary on June 5, 1942.

Nothing since then.

70 posted on 11/28/2007 3:20:35 PM PST by Sherman Logan
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To: ksen
ksen, what an outstanding article. Apparently, Ron Paul and all of his supporters here at FR were right all along.

And 95% of all FReepers who debated the issue with us are constitutionally illiterate and diplomatic idiots and know absolutely nothing about the enumerated war powers and their application under the law. They don't even grasp the meaning of laws with the phrase "in time of war". That isn't just a flowery phrase the Congress sprinkles around on a whim, it has a very specific meaning. And it is found tens of thousands of times in the UCMJ and in federal laws.

In the pre-Bush era, FReepers would have never missed this key distinction. Our members were so much more savvy back then.
71 posted on 11/28/2007 3:20:40 PM PST by George W. Bush (Apres moi, le deluge.)
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To: ksen; OrthodoxPresbyterian; NapkinUser; DreamsofPolycarp; The_Eaglet; Irontank; Gamecock; ...
AG Gonzales "There was not a war declaration, either in connection with Al Qaida or in Iraq. It was an authorization to use military force.

ksen found a good tidbit by AG Gonzales.
72 posted on 11/28/2007 3:23:03 PM PST by George W. Bush (Apres moi, le deluge.)
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To: George W. Bush

Old news GWB, Hyde speaking to Ron Paul was a bit more important to me at least.


73 posted on 11/28/2007 3:30:17 PM PST by padre35 (Conservative in Exile/ Isaiah 3.3)
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To: ksen

The terrorists made the declaration. We responded.


74 posted on 11/28/2007 3:32:42 PM PST by abigailsmybaby (I was born with nothing. So far I have most of it left.)
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To: George W. Bush

I said before the invasion of Iraq that war should be declared even though legally it wasn’t required. Since then this has been discussed many times on FR and most have insisted that war was declared even though it wasn’t. I do not support Ron Paul even if he is right about this.


75 posted on 11/28/2007 3:34:18 PM PST by RightWhale (anti-razors are pro-life)
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To: SoConPubbie

You don’t care? Why don’t we just trash the Constitution then and be done with it?


76 posted on 11/28/2007 3:34:39 PM PST by Pining_4_TX
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To: WoofDog123
not be at war

Being at war does not require you declare war if you are the USA under the Constitution. It would be a good idea, as subsequent domestic events have demonstrated, but it is not legally required.

77 posted on 11/28/2007 3:37:37 PM PST by RightWhale (anti-razors are pro-life)
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To: padre35; ksen
Old news GWB, Hyde speaking to Ron Paul was a bit more important to me at least.

Well, yes, it is old news to all of us who knew the truth. I thought it was great to see ksen post a thread on it.

ksen really deserves an award for his missionary work here in educating the unwashed masses. LOL.
78 posted on 11/28/2007 3:40:22 PM PST by George W. Bush (Apres moi, le deluge.)
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To: Sherman Logan

Thanks for the correction. But did I say anything else....I don’t think so. I knew that!


79 posted on 11/28/2007 3:41:43 PM PST by timydnuc (I'll die on my feet before I'll live on my knees.)
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To: George W. Bush; ksen

Thanks for the ping. Good find, ksen.


80 posted on 11/28/2007 3:46:25 PM PST by rineaux (How dare you, how dare you question the Clinton's wrecked record.)
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