Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

If Dubya wants to go to war against Iraq, he has the power to do so
Capitol Hill Blue ^ | 8-22-02 | LANCE GAY

Posted on 08/22/2002 6:44:48 AM PDT by KLT

President Bush has sufficient legal authority to conduct a war against Iraq under broadly drafted resolutions that Congress passed in 1991 for the Persian Gulf War and a second resolution adopted last year for the war against al Qaeda, legal experts say.

Some add that the president's position would be strengthened politically by seeking a new congressional vote on any operations in Iraq, which would require a public debate over the evidence the administration has developed against Saddam Hussein, and a discussion about what the wider consequences of the war might be on the Middle East.

Lee Casey, a partner in the Washington law firm of Baker and Hostetler, said he would prefer a congressional debate to lead to a war declaration that clearly defines the conflict while asking America's allies to line themselves up as allies, neutrals or fellow belligerents.

But Casey said he cannot dispute the White House contention that Bush already has sufficient authority to conduct the war against Iraq under the resolutions Congress already has enacted.

"Yes, he does have the legal authority to go ahead," Casey said. But seeking another vote from Congress "politically makes a lot of sense - it makes a united country," Casey said. He said a vote of congressional support would also give Bush political cover if a war with Iraq turned sour.

Congress has declared war only five times - against Great Britain in 1812, Mexico in 1846, Spain in 1898 and then World War I and World War II.

In drafting the Constitution, the Founding Fathers gave Congress the power "to make war" but later changed the language "to declare war," but gave no further explanation of the debate, leaving to historians to debate why the change was made.

It has made little difference. War has raged on several occasions under resolutions or congressional authorizations of military funding that have fallen short of declarations of war.

Among these were an undeclared war with France from 1798-80, the First Barbary Pirate War of 1801-05, and the Second Barbary Pirate War of 1815, the raid of slave traffic in Africa from 1820-23, an action against Paraguay for attacking a U.S. ship in 1859, the invasion of Lebanon in 1958, the Vietnam War of 1964-73, and the Persian Gulf War of 1990-91. The U.S. Civil War was never declared because Union lawmakers after secession regarded the conflict as an "insurrection," or a rebellion. The Korean War was conducted under a United Nations resolution.

The Persian Gulf War was conducted under a 1991 congressional resolution that states "the president is authorized...to use United States armed forces pursuant to United Nations" resolutions that found Saddam Hussein's invasion of Kuwait and Iraq's development of weapons of mass destruction threatened the peace and security of the region.

Congress has never repealed the resolution, and for the last decade, U.S. and British warplanes have enforced a no-fly zone over Iraqi territory because Saddam Hussein never lived up to a cease-fire agreement requiring him to comply with the U.N. resolutions.

President Bush has argued that the resolution Congress passed after the Sept. 11 attacks also gives him broad authority to conduct operations in Iraq.

That resolution, which Congress passed three days after the attack, is broadly drafted. It states:

"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."

The administration has been building the case that the Iraqi dictator is connected with al Qaeda, contending that Iraq is harboring terrorist refugees and al Qaeda operatives.

A congressional resolution is not equivalent to a declaration of war, which is a peculiar legal action that has consequences of its own.

Stephen Salzburg, a George Washington University law professor, said a declaration of war gives the president broad emergency powers, and triggers about 150 provisions in the law, including the right to seize ships, impose censorship, expedite licensing for nuclear facilities, and control communications. It also affects contracts and insurance policies, which are written specifically to exclude coverage from damage caused by acts of war.

The powers of the White House are so broad, Abraham Lincoln suspended the habeas corpus rights of people to appeal their detention through the courts, and the Roosevelt administration rounded up Japanese-American citizens on the West Coast and put them in camps during World War II.
© Copyright 2002 by Capitol Hill Blue


TOPICS: Extended News; Foreign Affairs; Government
KEYWORDS: authority; bushdoctrineunfold; constitutionlist; enviralists; jihadinamerica; presidentbushlist; presidential
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 181-199 next last

1 posted on 08/22/2002 6:44:49 AM PDT by KLT
[ Post Reply | Private Reply | View Replies]

To: LisaFab; Grampa Dave; kristinn; tgslTakoma; staytrue; Angelwood; Gore_ War_ Vet; ...
Ping Y'All
2 posted on 08/22/2002 6:46:46 AM PDT by KLT
[ Post Reply | Private Reply | To 1 | View Replies]

To: KLT
You are certainly right. The Constitution was long ago thrown in the dustbin and the Imperial President can do anything he wants including (as recent cases indicate) throw American *citizens* in jail without trial and charges. Do you approve of this trend?
3 posted on 08/22/2002 6:49:23 AM PDT by Austin Willard Wright
[ Post Reply | Private Reply | To 2 | View Replies]

To: *Bush Doctrine Unfold; *Constitution List; *JIHAD IN AMERICA; *President Bush list
Ping Y'All
4 posted on 08/22/2002 6:50:46 AM PDT by KLT
[ Post Reply | Private Reply | To 2 | View Replies]

To: Austin Willard Wright
No I don't approve of that trend....but this is completely different...this is war!
5 posted on 08/22/2002 6:51:37 AM PDT by KLT
[ Post Reply | Private Reply | To 3 | View Replies]

Comment #6 Removed by Moderator

To: Austin Willard Wright
Haven't you heard? It's an old worn out document that isn't applicable to the issues of our modern world. We have honest and moral men in power who will protect us from evil.
7 posted on 08/22/2002 7:02:22 AM PDT by steve50
[ Post Reply | Private Reply | To 3 | View Replies]

To: KLT; stainlessbanner; 4ConservativeJustices; shuckmaster; Twodees; Constitution Day
The U.S. Civil War was never declared because Union lawmakers after secession regarded the conflict as an "insurrection," or a rebellion.

Try almost three months after secession and lincoln had sent the troops to field. Congress passes declarations of war after the fact? That's Constitutional < /sarcasm>

Bush HAS to go to Congress and ask for a declaration of war. You can't drag up 12 year old partial approvals and say we're still at war

8 posted on 08/22/2002 7:06:33 AM PDT by billbears
[ Post Reply | Private Reply | To 4 | View Replies]

To: KLT
War? What kind of war are alluding to? The current war (which has been widened far beyond the legimate goal of smashing Al Quada) is undeclared. It is apparently endless and and has fuzzy, utopian and unwinnable goals (such as "ending" terrorism in all guises). It is a war which is being waged against against an undefined grab bag of of enemies (including everybody from rebels in the Phillipines to Saddaam Hussein). If that is the kind of war you support, your objections are hollow and meaningless.
9 posted on 08/22/2002 7:10:53 AM PDT by Austin Willard Wright
[ Post Reply | Private Reply | To 5 | View Replies]

To: billbears
Bush HAS to go to Congress and ask for a declaration of war. You can't drag up 12 year old partial approvals and say we're still at war

Actually, he can but he won't. Sometimes you get what you wish for. If COngress declares war, the executive's powers will broaden dramatically. If only to witness the howling at the moon about that, I hope they declare war against Iraq also.

10 posted on 08/22/2002 7:15:09 AM PDT by jwalsh07
[ Post Reply | Private Reply | To 8 | View Replies]

To: Austin Willard Wright
No Sir, I beg to differ with you....3,000 innocent lives were lost...I live in NY...been to the WTC...it changes opinions like your's which are now "hollow and meaningless."
11 posted on 08/22/2002 7:20:46 AM PDT by KLT
[ Post Reply | Private Reply | To 9 | View Replies]

To: KLT
Before we strike we need to know more about where the movement to kill Americans stems from, so we can strike decisively.

I would hate to have to keep going back to cut more of the diseased tissue.

Get it right, then obliterate the bastards into their next lifetimes on some distant primative planet.
12 posted on 08/22/2002 7:31:31 AM PDT by RISU
[ Post Reply | Private Reply | To 1 | View Replies]

To: RISU
Agreed RISU....Get it right the first time! I personally believe there were many terrorists from different countries who assisted in some way.
13 posted on 08/22/2002 7:34:47 AM PDT by KLT
[ Post Reply | Private Reply | To 12 | View Replies]

To: KLT
I don't remember the Democraps crying when Clinton went to war in Bosnia and Kosovo without congressional approval. Hypocrites!
14 posted on 08/22/2002 7:35:33 AM PDT by Andy from Beaverton
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
Tom Delay made a masterful speech yesterday about going after Saddam. The GOP badly needs speeches like this from it's members so I hope they were listening!! The President's main job is to keep America safe, and during wartime, he must have the length and depth to do so. He is doing and will continue to do the job well.
15 posted on 08/22/2002 7:36:44 AM PDT by cousair
[ Post Reply | Private Reply | To 12 | View Replies]

To: KLT
All this tumult and gnashing of teeth is about one thing and one thing ONLY: the media and the Democrats are scared shirtless about what would happen in the ELECTIONS if the AttackIraq should commence before November. Bush could go on the air today and announce that the first bombs would fall at Noon EST on November 15 and EVERYONE in the media and all the Democrats would shower the prez for his "wisdom and common sense."

None of what you hear and read in the media has anything at all to do with "selling the war to the Amurrican Pipple," and EVERYTHING to do with delaying MadmanSaddam's Demise until AFTER the elections. Any Republican you hear joining the chorus is merely currying favour with the media.

As far as 'Selling The War To The Amurrican Pipple" goes, that is code for divulging enough information publicly so that Saddam can be prepared and our military (and CINC) will be embarassed and humiliated. That's all they care about. They don't care about this country. All they care about is power. And the less they have thru erosion, the more desperate they become.

Michael

16 posted on 08/22/2002 7:36:50 AM PDT by Wright is right!
[ Post Reply | Private Reply | To 1 | View Replies]

To: billbears
I heard a female Texas Representative (R)and Senator Bill Nelson (D) on FoxNews this am. Surprisingly BOTH said Bush must make the case for attacking IRAQ and get Congressional approval.

Nelson caveated his statement by adding Bush can attack if Huessien has nukes. I'm not sure if he was playing semantics or not.

Host asked both if getting congressional approval would "endanger" our troops or tip off Iraq about our attack. Nelson replied we must get Congressional approval; we will be stronger and in a better position to attack.

17 posted on 08/22/2002 7:38:29 AM PDT by stainlessbanner
[ Post Reply | Private Reply | To 8 | View Replies]

To: KLT; billbears
No I don't approve of that trend....but this is completely different...this is war!

KLT, I'll let you decide:

"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government." Justice Davis, ex parte Milligan, 71 U.S. 2 (1866)

18 posted on 08/22/2002 7:43:31 AM PDT by stainlessbanner
[ Post Reply | Private Reply | To 5 | View Replies]

To: KLT; piasa
"One must also pause to think what it must have been like to be President Roosevelt back in 1940 and 1941. Sitting in the Oval Office, Roosevelt is reading Japanese [Magic] decrypts on a regular basis. They clearly prove- in the same fashion that wiretaps can prove- the aggression Japan is planning in Southeast Asia and the Pacific. They also show the linkage between Berlin and Tokyo, revealing that if Japan goes to war against America, Hitler will also declare war on America.

"Also reading the same material are the Secretary of State, Cordell Hull; the Secretary of War, Henry L. Stimson; the Chief of Naval Operations, Admiral Stark (plus his chief of intelligence) and the Chief of Staff of the Army, General George C. Marshall (and his chief of intelligence). Of these men Roosevelt is the only elected official. And he is confronted by an isolationist Congress that steadfastly refuses to listen to any arguement the President might make that America must prepare for war.

"What frustrations Roosevelt must have felt!

"To know what the enemy is doing, but to be unable to tell his opponents in Congress and convince them them of the rightness of his position. Nor can Roosevelt discuss the situation with his supporters and friends. Magic is so secret, so precious, that absolute silence is the order of the day. This element of real life- knowing, but not being able to to do anything about it- is ignored in all the autobiographies, the biographies and the history books."

~~~Marching Orders, the Untold Story of World War Two, Bruce Lee, page 24.

***************************************************************************************

Among many other victories, "Magic" brought us Midway, the turning point of the war in the Pacific. Magic and Ultra are estimated to have shortened WW2 by 2 years, before the time that Germany and Japan could develop atomic weapons. Roosevelt could not squander this secret in convincing Congress of the Japanese danger in 1940. Is a similar secret about Iraq being kept by Bush today for the same reasons?

19 posted on 08/22/2002 7:47:18 AM PDT by Travis McGee
[ Post Reply | Private Reply | To 11 | View Replies]

To: billbears
Naahhhh, you just don't get it. W can do whatever he wants to. He had his fingers crossed when he took that oath, y'know. Anyway, the Cosntitution doesn't matter anymore. Between being called a living document and being treated as a dead letter, it has no force. Anyone who still reads that old thing needs to get a grip, turn on their TV and start gushing and swooning over the Daily Dose threads.

This is war. Let's roll. You're with us or agin' us. All that stuff. America is just UN district # whatever.

20 posted on 08/22/2002 7:52:58 AM PDT by Twodees
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 181-199 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson