The words that give Bush the Authority.

UN / US Congress ^ | 3-9-03 | OXENinFLA

[OXENinFLA]

Here real quick is some reasoning why I think we will soon be going and wiping that scourge of the planet Saddam Hussein and his minions from it. Also why Pres. Bush has the authority to do so. I will be quoting from 2 documents SCR1441 and H.J. Res. 114. If anyone hasn't read these yet, they are worth the read. People can argue about the what ifs all they want but it is what is in these documents that will determine the course of actions in the days/weeks to come.

I'll start by putting some of 1441 up..

_______________

3. Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, subcomponents, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;

4. Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below; (Well, we all know the Dec 7th report was lies and the lies continue to this day.)

11. Directs the Executive Chairman of UNMOVIC and the Director-General of the IAEA to report immediately (Note to self: send HANS BLIX definition of immediately. ) to the Council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution;( Does this include the 167 pages of interference, lies and proof of unmanned aerial vehicles that the was just released? )

12. Decides to convene immediately( There's that word again. ) upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for FULL compliance with all of the relevant Council resolutions in order to secure international peace and security;

13. Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;

____________________

This must be what France, Germany, and Russia failed to comprehend when reading 1441.

These are the rules that the UN wanted to play by and the way I see it is Pres. Bush is stepping up (THANK YOU MR. PRESIDENT) and enforcing the words of the UN.

And now on to HOW the Pres has that power. It was given to him in H.J. Res. 114 and I quote.....

___________________

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS. The Congress of the United States supports the efforts by the President to—

(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and

(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.

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.

[Dr. Frank fan]

Oh, and this article may interest you. Best,

[William Terrell]

And presumably you'll recall that the War Powers Resolution was based on the authority granted Congress by Article 1, Section 8.

I recall nothing of the sort. The War Powers resolution is a resolution, not a declaration of war under 1-8-11. A declaration of war is a one time declaration of Congress authorizing the nation to prosecute war. The War Powers resolution was an attempt to transfer Article 1 Sect 8 powers to the executive and is blantently unconstitutional.

Also notice this resolution had no enacting clause, therefore it is not based on constitutional powers. I'm glad you got a chuckle from the article I linked. Evidently you are in a rather a tight spot with your belief that the Congress has delcared war.

It hasn't, neither by this resolution nor by the War Powers act. Again I will be happy to acknowledge that Congress declared war and will support that act. I see no evidence they have. All I see is an ongoing attempt to evade political responsibility.

[William Terrell]

"The case before us is a somber and weighty one. We have considered these important concerns carefully, and we have concluded that the circumstances call for judicial restraint," Judge Sandra Lynch wrote in the ruling.

In his ruling last month, Tauro said a federal court can judge the war policies of political branches of government only when actions taken by Congress and the president are in "resolute" conflict -- a situation that he said did not exist at the time.

Look again. Nothing is said on whether Congress declared war under the constituion or not, just that the court restrains themselves from reviewing the issue. Matter of fact, if you wish to read anything into these plain vanilla comments, it would be that Congress did not declare war under 1-81-11.

This court wimped out. They most certainly could have reviewed the issue. They knew they would have to take judicial notice of the unconstitutional attempt to transfer Article 1 powers to a branch governed under Article 2.

That's a very unPC can of worms and no court wants to open it.

[Dr. Frank fan]

The War Powers resolution is a resolution, not a declaration of war under 1-8-11.

It's true that the War Powers resolution of 1973 was not a declaration of war against anyone. What it was was a clarification of the war powers arrangement between the executive and legislative branches, based on the idea that Congress may pass all laws "necessary and proper" to the executing of their powers.

One of those powers being to declare War, of course.

The War Powers resolution was an attempt to transfer Article 1 Sect 8 powers to the executive and is blantently unconstitutional.

It's "blantently" [sic] unconstitutional, eh? Well, I'll have to take your word for it, because the courts have never quite shared your view. Let me know if/when they ever change their mind and you get your way. Till then, there's really not a whole lot more for us to talk about is there?

Evidently you are in a rather a tight spot with your belief that the Congress has delcared war.

How's this put me in a tight spot? We'll see the war soon enough.

I see no evidence they have [declared a war].

The evidence will consist of the dead Iraqi soldiers and buildings turned to rubble in Iraq. To say anything else is to deny reality. Words should describe reality. And "war" will be the reality, very soon.

All I see is an ongoing attempt to evade political responsibility.

I thought all you saw was UN crap?

Anyway, believe it or not, I agree with you 100% on this point. You are probably correct that there is an ongoing attempt to evade political responsibility. Best,

[William Terrell]

Thank you. I'm getting to the point where I'll have to repeat myself. See you on some other issue.