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CONGRESS DID DECLARE WAR! Joint Resolution Authorizing The Use Of Force Against Terrorists
U.S. Congress ^ | 9/14/2001 | U.S. Congress

Posted on 06/14/2002 10:22:22 AM PDT by SunStar

Let's all re-read the Congressional Joint Resolution of September 14, 2001.

I'm sick and tired of all the supposed conservative Constitutional "defenders" (and plenty of Leftists as well) who continue to argue that President Bush is not entitled to War Powers, that he is acting in an inappropriate matter, that he is making "arbitrary" rules and regulations up as he goes, and that our Constitution is in jeopardy because Congress did not "Declare War".

Case in point: This was posted by a Freeper yesterday:

Yes War powers are in effect - without a war vote. Constitutional power is NO LONGER in effect. There'll be a lot more crying in the future, perhaps even you and your fellow Bill of Rights shredders. Too late by then tho. Enjoy it - while you can.

This is an example of a supposed conservative, who thinks President Bush is a dictator! Excuse me, but I think we are at war! Congress did in fact declare war. One can attempt to make a semantic argument over the title of the resolution, but the resolution itself says it all. I suggest that everyone keep a copy of this document handy, since the bogus "Congress did not declare war" argument is being used by the Left on a daily basis. The argument is faulty, and those who use it should be called on it. Congress did fact authorized President Bush to do exactly what he is doing -- make war on the enemy, and work to stop future attacks.

-SunStar



JOINT RESOLUTION AUTHORIZING THE USE OF FORCE AGAINST TERRORISTS

September 14, 2001

This is the text of the joint resolution authorizing the use of force against terrorists, adopted by the Senate and the House of Representatives:

To authorize the use of United States armed forces against those responsible for the recent attacks launched against the United States.

Whereas, on Sept. 11, 2001, acts of despicable violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad, and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence, and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States,

Whereas the president has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.

Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title

This joint resolution may be cited as the "Authorization for Use of Military Force"

Section 2. Authorization for Use of United States Armed Forces

(a) That the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements

Specific Statutory Authorization -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

Applicability of Other Requirements -- Nothing in this resolution supersedes any requirement of the War Powers Resolution.



From "The War Powers Act of 1973"
http://www.cs.indiana.edu/statecraft/warpow.html

INTERPRETATION OF JOINT RESOLUTION

SEC. 8. (a)
Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--
(1)
from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or
(2)
from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution.


TOPICS: Extended News; Front Page News; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: alqaeda; congress; declarationofwar; waronterror
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To: William Tell
No. The Congress has the power to declare war. They cannot pass a resolution suggesting that the President has the power to declare war.

"But, but, but......."

101 posted on 06/14/2002 12:24:31 PM PDT by FreeTally
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To: NormsRevenge
NormsRevenge said: "You seem caught up in legalisms. I am not. It does not mean I don;t support the Constitution, I have sworn an oath and have served this country, and if called to do so again , would."

Congress has no stated power to declare peace. We have already suffered because there was no way to hold Congress accounatable for ending an undeclared war or for committing the resources of the nation to "winning" it.

102 posted on 06/14/2002 12:24:48 PM PDT by William Tell
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To: SunStar
I disagree. There has been a resolution which authorizes use of military force, but that is a far cry from a Declaration of War. Many other military (mis)adventures have been 'authorized' by the War Powers Act, an act that has been criticized from Day 1 as being an abrogation of Congressional responsibility. If the Founders had wanted the President to be able to wage war without a declaration, then they would have provided a means for it. I don't see that they did. The War Powers Act was a means of shortcutting the Constitution and forgetting what Washington said aobut foreign entanglements.

The Resolution is purposely ambiguous. It grants permission for the President to do whatever he wants to do if he simply says it is related to 911. Yet Congress intentionally did NOT declare war on anybody. They could have used the verbiage if they had chosen to do so, but they did not.

If Congress had intended to be upfront, clear, honest, and unambiguous, they would have declared war instead of granting carte blanche to the CiC.

In your reasoning, we have been at war since LBJ declared War on Poverty in the 1960's. Congress has certainly passed numerous laws and resolutions to fund and support a WoP, and we have not declared victory.

103 posted on 06/14/2002 12:25:22 PM PDT by Eagle Eye
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To: SunStar
SunStar said: "My understanding is that there would be no insurance payouts, including to the owner of the WTC, if there was an "official" declaration. By "official", I mean with by using the title "Declaration of War". However, the wording in the Joint Resolution is not my any means vague. It is clear that Congress FULLY authorized the use of Military Force, and that the State of War already existed at the time of the Resolution."

This is all the more reason to declare war. Congress is abusing its power to hold insurance companies responsible for "acts of war" which their policy specifically excludes. In effect, insurance companies are being robbed by Congress.

104 posted on 06/14/2002 12:28:52 PM PDT by William Tell
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To: William Tell
Did Congre$$ tell Bill Clinton to wage war in the 90s when embassies were blown up? Did Congre$$ ask Bill Clinton to wage war when the USS Cole was bombed?

And now, that we have been attacked on our own soil, Congre$$ wanted to declare war but was asked not to. It seems something doesn't jibe depending on who is in power and whose ax is being sharpened.

Bush shows resolve and all the Constitution supporters and War Powers foes cry Foul. I love it .. Hypocrisy? Maybe...

Either way, The terrorists will keep coming. This argument is a mute point.
105 posted on 06/14/2002 12:29:20 PM PDT by NormsRevenge
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To: SunStar
Here is what we did when Japan attacked us:
December 8, 1941

JOINT RESOLUTION Declaring that a state of war exists between the Imperial Government of Japan and the Government and the people of the United States and making provisions to prosecute the same.

Whereas the Imperial Government of Japan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.

Why couldn't Congress just simply declare war?
Sptember 12, 2001

JOINT RESOLUTION Declaring that a state of war exists between the terrorist government of Afghanistan and the Government and the people of the United States and making provisions to prosecute the same.

Whereas the terrorist government of Afghanistan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the terrorist government of Afghanistan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the terrorist government of Afghanistan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.

After all, it was the acting Taliban government of Afghanistan that we attacked. If you want to use the Barbary Pirate example in support of our actions, then we should have limited our attacks specifically to terrorist locations. Instead, Bush used this as an opportunity to take out the Taliban and engage in "nation building," something he said he wouldn't do.

If you believe, as Bush does, that any government harboring terrorists is just as culpable, then why not support a declaration of war on those nations and be done with it? It's not that hard for Congress to do.

106 posted on 06/14/2002 12:30:27 PM PDT by sheltonmac
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To: William Tell
Congre$$ pi$$ing on Insurance companies ? That's a novel idea. Never haPPen.
107 posted on 06/14/2002 12:32:30 PM PDT by NormsRevenge
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To: RightWhale
RightWhale said: "Yes, America is at war now whether America declared war or not. "

Thanks for "declaring" that. It makes your position very clear. I only wish that Congress would make its position clear and do its duty to "Declare War" just like you did.

108 posted on 06/14/2002 12:37:11 PM PDT by William Tell
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To: NormsRevenge
This Orwellian talk is nothing but a bunch of hooey

Norm, Norm, Norm...

First it was military tribunals. When sh_t hit the fan over that, the administration swore that this was NEVER for US citizens.

A few weeks later, Padilla, a US citizen, is held purportedly for military tribunal. When the heat came down for that, it was changed to simply holding him indefinately without charging him with a crime.

Under the Patriot Act, anyone who meets some very subjective criteria can be denied all rights due a citizen because the DoJ simply has to declare him a potential terrorist.

It won't be today, tomorrow, or next month, but soon there will be more an more people and groups who will be included in the definition of Enemy of the State. And it may very well be anyone and everyone affiliated with any group whose members or participants do not fully and unequivocably support the President's agenda. And since FR has critics of the President, and YOU are affiliated with FR, YOU could be included. Innocent, you say? Prove it.

109 posted on 06/14/2002 12:38:02 PM PDT by Eagle Eye
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To: NormsRevenge
Congre$$ wanted to declare war but was asked not to.

True. The administration asked them not to. Have you asked yourself why they did that?

110 posted on 06/14/2002 12:38:46 PM PDT by freeeee
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To: SunStar
"TERRORISTS WHO ATTACKED US OR RELATED PERSONS AND NATIONS ARE OUR ENEMIES. GOT IT YET?"
So why aren't we attacking the Saudis?
DO YOU GET IT YET?
111 posted on 06/14/2002 12:39:44 PM PDT by Scarlet Pimpernel
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To: NormsRevenge
Congre$$ pi$$ing on Insurance companies ? That's a novel idea. Never haPPen.

Better to piss on the Constitition? We've some very twisted priorities here.

112 posted on 06/14/2002 12:39:55 PM PDT by freeeee
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To: agitator
A resolution is merely an expression of opinion.

The Declaration of War with Japan was a joint resolution.

/john

113 posted on 06/14/2002 12:40:56 PM PDT by JRandomFreeper
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To: NormsRevenge
And now, that we have been attacked on our own soil, Congre$$ wanted to declare war but was asked not to. It seems something doesn't jibe depending on who is in power and whose ax is being sharpened.

It almost seems as if you are starting to understand.

114 posted on 06/14/2002 12:42:20 PM PDT by FreeTally
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To: Eagle Eye
Thanks for the Heads Up .. I didn't realize we were so close to the edge of the abyss of no return.. Methinks it doesn;t matter as citizens have always been expendable and it has been the Constitution and the Republic which must endure all enemies and foes foreign and domestic lest we all should perish.

Those who fear the loss of their freedom, shouldn't let the small stuff upset 'em. What haPPens, haPPens.
115 posted on 06/14/2002 12:42:44 PM PDT by NormsRevenge
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To: SunStar
SunStar said: "When they attack us in an Act of War, then they have declared war on us. Until then, I'd say we should stick to the terrorist groups who have already attacked us."

Prior wars have benefitted from a clear understanding of who the "belligerents" are and who are the "neutrals". If the Taliban had made some pretext that they were attempting to turn over OBL, then they might be a "neutral". Failure to do so should have provoked a second declaration of war against the government of Afghanistan for enabling our enemies. As things stand without formal declarations of war, there is no way for a "neutral" nation to understand unambiguously what they must or must not do.

I suggest that a reading of the beginning of the Declaration of Independence is in order here.

"...a decent respect to the opinions of mankind requires that they should declare the causes which impel them ..."

116 posted on 06/14/2002 12:43:04 PM PDT by William Tell
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To: FreeTally
Wanna swap musket rods? :-) LOL
117 posted on 06/14/2002 12:44:49 PM PDT by NormsRevenge
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To: KentuckyWoman
Constitutional BUMP

. . . thought it reads more like a 'Writ of Attorney' that any declaration. . .

118 posted on 06/14/2002 12:45:47 PM PDT by Alabama_Wild_Man
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To: Scarlet Pimpernel
Now don't go besmirching our fine Saudi friends :-|

Gotta keep them autos and trucks rollin' yaknow
119 posted on 06/14/2002 12:46:25 PM PDT by NormsRevenge
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To: NormsRevenge
Wanna swap musket rods? :-) LOL

Ehh, ehh, ehh, .... you said swap rods.....huh, eh, eh, huh.

LOL!

120 posted on 06/14/2002 12:46:29 PM PDT by FreeTally
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