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To: rockinqsranch

I posted this to a related article - I am not happy about it but it still requires interpretation (lawyer not I am - victim yes).

USC TITLE 22 > CHAPTER 7 > SUBCHAPTER XVI > § 287d

http://www.law.cornell.edu/uscode/html/uscode22/usc_sec_22_00000287-—d000-.html

In this code is written -
“The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein”

Articles 41,42 and surrounding available here.

http://www.un.org/en/documents/charter/chapter7.shtml

I guess we have an article 42 in effect which does not require congressional input.

The War Powers Resolution needs work to clarify procedures in events such as this. I see no reason why the code cannot be modified so as to require Congressional consultation (not just advisement) in situations such as this.

Some suggestion are given in pages 44-48 in CRS RL32267

http://assets.opencrs.com/rpts/RL32267_20080310.pdf

I like the idea of a Consultation Group described therein.

The whole issue is confused - or in my case confusing.


48 posted on 03/23/2011 12:47:48 PM PDT by PeteCat
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To: PeteCat
This is an old argument going back to Nixon and Congress passing that Law on Military Actions that are of an undeclared nature. Vietnam being the biggest example.
The Libya fiasco should confirm to everyone that you cannot have a person with no Managerial or Leadership experience as President.
This President has done as he did in the Senate and Illinois Senate, he has Voted Present and that is it.
49 posted on 03/23/2011 12:56:18 PM PDT by Captain Peter Blood (.)
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To: PeteCat

Last I heard PeteCat we are the United States of America NOT the United Nations of which the linked rulings apply to.

Our sovereignty, our laws, our Congress, and above all our people come first. Way prior in the food chain than the United Nations our people, and their government come first.

If we as a Nation are attacked by another entity, another Nation then the President must react appropriately, and the law allows the President to do so, but if we are not attacked, but dispair of another entity, or another nations direction that perhaps will lead to onerous conflict in the future then it’s NOT the Presidents call. It’s the Congress that will debate, and make the decision as representatives of the people as to whether or not the purpose, the intended results, the treasure expended, the risk of lives, etc. are for the benefit of the interests of the people of the United States of America.

Obama broke the law of our Nation, and IMO should be impeached.

To “H” with the United Nations, and their contrived resolution(s).

We may be a signatory, and a funding entity of the UN, but our Sovereignty must come first. I know the Left such as Obama, and his radicals, and many a RINO are trying so damned hard to change that to us being subjugated to the U.N., but we aren’t.....yet. We must never allow the loss of our sovereignty.


53 posted on 03/23/2011 1:47:55 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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