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To: Patrick1
OK- I WAS WRONG- It appears Clinton (not a big surprise, I sort of knew that) (Kososvo) and Reagan (El Salvador) ignored it, AND courts ruled that Congressman had no standing to sue Clinton over it!!! (I wish I had paid more attention to such things way back then)

1981: President Reagan deployed a number of U.S. military advisors to El Salvador but submitted no report to Congress. Members of Congress filed a federal lawsuit in an attempt to force compliance with the Resolution, but the U.S. District Court hearing the suit declined to become involved in what the judge saw as a political question, namely whether U.S. forces were indeed involved in hostilities.

1982-83: President Reagan sent a force of Marines to Lebanon to participate in peacekeeping efforts in that country; while he did submit three reports to Congress under the Resolution, he did not cite Section 4(a)(1), and thus did not trigger the 60 day time limit. Over time the Marines came under increasing enemy fire and there were calls for withdrawal of U.S. forces. Congress, as part of a compromise with the President, passed Public Law 98-119 in October 1983 authorizing U.S. troops to remain in Lebanon for 18 months. This resolution was signed by the President, and was the first time a President had signed legislation invoking the War Powers Resolution.

1990-91: President George H.W. Bush sent several reports to Congress regarding the buildup of forces in Operation Desert Shield. President Bush took the position that he did not need "authority" from Congress to carry out the United Nations resolutions which authorized member states to use "all necessary means" to eject Iraq from Kuwait; however he did ask for Congressional "support" of U.S. operations in the Persian Gulf. Congress passed, and the President signed, Public Law 102-1 authorizing the President to use force against Iraq if the President reported that diplomatic efforts had failed. President Bush did so report, and initiated Operation Desert Storm.

1993-99: President Clinton utilized United States armed forces in various operations, such as air strikes and the deployment of peacekeeping forces, in the former Yugoslavia, especially Bosnia and Kosovo. These operations were pursuant to United Nations Security Council resolutions and were conducted in conjunction with other member states of NATO. During this time the President made a number of reports to Congress "consistent with the War Powers Resolution" regarding the use of U.S. forces, but never cited Section 4(a)(1), and thus did not trigger the 60 day time limit. Opinion in Congress was divided and many legislative measures regarding the use of these forces were defeated without becoming law. Frustrated that Congress was unable to pass legislation challenging the President's actions, Representative Tom Campbell and other Members of the House filed suit in the Federal District Court for the District of Columbia against the President, charging that he had violated the War Powers Resolution, especially since 60 days had elapsed since the start of military operations in Kosovo. The President noted that he considered the War Powers Resolution constitutionally defective. The court ruled in favor of the President, holding that the Members lacked legal standing to bring the suit; this decision was affirmed by the U.S. Court of Appeals for the District of Columbia. See Campbell v. Clinton, 203 F.3d 19 (D.C. Cir. 2000). The U.S. Supreme Court refused to hear an appeal from this decision, in effect letting it stand. http://www.loc.gov/law/help/war-powers.php

67 posted on 06/18/2011 4:52:39 AM PDT by PghBaldy (War Powers Res: http://avalon.law.yale.edu/20th_century/warpower.asp)
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To: PghBaldy

RL32267 — The War Powers Resolution: After Thirty Years

March 11, 2004

Richard F. Grimmett
Specialist in National Defense
Foreign Affairs, Defense, and Trade Division

Appendix 2. Instances Not Formally Reported to the Congress Under the War Powers Resolution
In some instances where U.S. Armed Forces have been deployed in potentially hostile situations abroad, Presidents did not submit reports to Congress under the War Powers Resolution and the question of whether a report was required could be raised. Representative examples of these instances since 1973 include: (105)

evacuation of civilians from Cyprus in 1974

evacuation of civilians from Lebanon in 1976

Korean DMZ tree-cutting incident of 1976

transport of European troops to Zaire in 1978

dispatch of additional military advisers to El Salvador in 1981

shooting down of two Libyan jets over the Gulf of Sidra on August 19, 1981, after one had fired a heat-seeking missile

the use of training forces in Honduras after 1983

dispatch of AWACS to Egypt after a Libyan plane bombed a city in Sudan March 18, 1983

shooting down of two Iranian fighter planes over Persian Gulf on June 5, 1984, by Saudi Arabian jet fighter planes aided by intelligence from a U.S. AWACS

interception by U.S. Navy pilots on October 10, 1985, of an Egyptian airliner carrying hijackers of the Italian cruise ship Achille Lauro

use of U.S. Army personnel and aircraft in Bolivia for anti-drug assistance on July 14, 1986

buildup of fleet in Persian Gulf area in 1987

force augmentations in Panama in 1988 and 1989

shooting down 2 Libyan jet fighters over the Mediterranean Sea on January 4, 1989

dispatch of military advisers and Special Forces teams to Colombia, Bolivia, and Peru, in the Andean initiative, announced September 5, 1989, to help those nations combat illicit drug traffickers

transport of Belgian troops and equipment into Zaire September 25-27, 1991

evacuation of non-essential U.S. government workers and families from Sierra Leone, May 3, 1992

a bombing campaign against Iraq, termed Operation Desert Fox, aimed at destroying Iraqi industrial facilities deemed capable of producing weapons of mass destruction, as well as other Iraqi military and security targets, December 16-23, 1998
_______________________
IMO, there are not, and have never been three co-equal branches of govt. Legislative, Executive & Judiciary, in that order of power.


68 posted on 06/18/2011 5:09:29 AM PDT by PghBaldy (War Powers Res: http://avalon.law.yale.edu/20th_century/warpower.asp)
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