Posted on 02/12/2003 7:40:12 PM PST by GeneD
Edited on 04/13/2004 2:09:07 AM PDT by Jim Robinson. [history]
BOSTON (AP) President Bush does not have the authority to launch a military invasion of Iraq without a congressional declaration of war, according to a lawsuit expected to be filed in federal court in Boston on Thursday.
Six members of Congress, three U.S. servicemen and the parents of other U.S. military personnel said on Wednesday they would file the lawsuit that claims any U.S. invasion of Iraq without congressional authority would be unconstitutional.
(Excerpt) Read more at boston.com ...
Strip them of their citizenship and deport them to Libya.
Sure the Papers give context, but they were NOT what the Framers signed into the law of the land.
Trajan88
I know - it's a can of worms, opening Pandora's Box, etc.
Besides that, what about all the firing's on our plane's in the no-fly zone? Guess a pilot here and there doesn't bother these assholes.
It would be. The thing missing from the story is that Congress has already given it's consent, arguably twice. House Joint Resolution 114 (107th Congress) passed 10/16/2002 beciubg Public Law No: 107-243, reads in part:
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--
(1) defend the national security of the United States against the continuing threat posed by Iraq ; and
(2) enforce all relevant United Nations Security Council resolutions regarding Iraq .
(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--
(1) reliance by the United States on further diplomatic or other peaceful means alone either
(A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or
(B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq ; and
(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.
Before that there was Senate Joint Resolution 23 (107th Congress) passed 9/18/2001, becoming Public Law No: 107-40, which reads in part:
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) IN GENERAL- 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 September 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.
So do I. The President can't declare war, but there is no indication he intends to. He can however, as Commander in Chief, make war, with or without a Congressional declaration. Congress has specifically authorized him to do so, twice, as noted in my post above.
On 10/10/02, the Senate and House passed identical resolutions authorizing the use of force against Iraq. See H.J. Res. 114/S.J. Res. 45.
From that resolution -- "The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to 1.) defend the national security of the United States against the continuing threat posed by Iraq; and 2.) enforce all relevant United Nations Security Council Resolutions regarding Iraq."
Webster's definition of war -- "A conflict carried on by force of arms...."
IMO, Congress authorized the President to use force -- Congress authorized war.
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