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To: wideawake

They did not declare war per the constitution requirements. They can declare war as they did with the Pirates.
And yes the congress did authorize a use of force. The problem with an illegal authorization is that they do not put a time limit on the use of force. The time limits were put in by the founders so the exec branch could not use force for an unlimited time.
I have no problem with the authorization of the use of force except, it leaves the door open to get bogged down in a open ended conflict like the last conflict in SouthEast Asia.
And I aint a Ron Paul supporter.


73 posted on 12/19/2007 7:55:08 AM PST by crz
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To: crz
The Constitution doesn’t require a declaration of war for all armed conflicts. It says Congress is authorized to declare it, but it also says Congress is authorized to define and punish offenses against the laws of nations separate from the right of war declaration.
74 posted on 12/19/2007 7:58:14 AM PST by mnehring (Ron Paul: 'When fascism comes it will be wrapped in a flag and carrying a cross'..)
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To: crz
The time limits were put in by the founders so the exec branch could not use force for an unlimited time....The time limits were put in by the founders so the exec branch could not use force for an unlimited time.

I'm aware of the time limits Democrats put it. What time limits did the founders put in? Given the fact that we did not declare war on the Barbary pirates, and depending were you place the start, the war lasted 15 to 30 years those limits must be rather long.

76 posted on 12/19/2007 8:03:51 AM PST by SJackson (uh, Congressman, you know, uh, Gov Huckabee is not selling fascism, he's sending a Christmas message)
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To: crz
They did not declare war per the constitution requirements.

There are no "constitutional requirements."

The Constitution authorizes Congress to declare war. It does not say that Congress has to follow some special magical formula - Congress can use any language it wants to declare war.

They can declare war as they did with the Pirates.

The Barbary Pirates were irregulars of a sovereign nation - not private citizens of a US ally.

And yes the congress did authorize a use of force.

Indeed. So there is no reason to play semantic games.

The problem with an illegal authorization is that they do not put a time limit on the use of force.

Why would they need to?

The time limits were put in by the founders so the exec branch could not use force for an unlimited time.

There is no time limit on warfare or military action imposed by the Constitution. The only time limit is on defense appropriations.

I have no problem with the authorization of the use of force except, it leaves the door open to get bogged down in a open ended conflict like the last conflict in SouthEast Asia.

Vietnam was not "open-ended." There was a clear objective in Vietnam: to crush the Communist invasion of South Vietnam.

Just as in our current struggle there is a clear objective: to crush international terrorist networks and governments who harbor them.

Our success in Vietnam was turned into failure by stupid, impatient people back home who did not understand what was going on and what was at stake.

Just as today filth like Ron Paul are attempting to stab our armed forces in the back.

78 posted on 12/19/2007 8:04:53 AM PST by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: crz; wideawake
They did not declare war per the constitution requirements. They can declare war as they did with the Pirates.

NEITHER of the Barbary Wars was declared, Congress authorized the use of force, just as they have done countless other times (including Iraq and Afghanistan.

Congress alone has the power to declare war, NOWHERE in the Consititution are they required to declare war. Nor does the Constitution require the President, as Commander-in-Chief, to seek a declaration of war. The time limits were put in by the founders so the exec branch could not use force for an unlimited time.

HUH?!

The Congress shall have Power To ...
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
(Article I, Section 8)

NOWHERE does this mention "time limits."

I have no problem with the authorization of the use of force except, it leaves the door open to get bogged down in a open ended conflict

Let's take the most recent declared war, which would be World War II. On December 8, 1941, FDR said the following:
No matter how long it may take us to overcome this premeditated invasion, the American people in their righteous might will win through to absolute victory. I believe that I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost but will make it very certain that this form of treachery shall never again endanger us.

Hostilities exist. There is no blinking at the fact that our people, our territory, and our interests are in grave danger.

With confidence in our armed forces- with the unbounding determination of our people- we will gain the inevitable triumph- so help us God.

I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire.

Not only did Roosevelt not talk about "time limits," he specifically said the words, "No matter how long it may take." If that isn't talking about "unlimited time" then I don't know what is.

85 posted on 12/19/2007 8:28:38 AM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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