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To: William Terrell
A declaration of war has an enacting clause.

Not this one, evidently. (I'm taking your word for it....)

I just want to know where you were educated, and when

I know you do. It's pathetic.

You don't seem to know how this country and its laws are supposed to work.

Well, one of us is arguing that our Congress loses its right to authorize war if the UN votes it down. And it ain't me. So there's that. I agree that I was never taught about the secret "Valid Form Of War Declaration" section of the Constitution. You've got me beat on that point.

Show me the full text of the legisalstion with the enacting clause.

Look it up yourself, why don't you.

The burden of proof is on you to show that Congress used 1-8-11 to enact this legislation

1-8-11 gives power to Congress to declare war, and that's what this legislation did. Therefore they did indeed use their power granted in 1-8-11 to enact this legislation.

They may not have said this in an enacting clause preamble, but that's not my problem. I'm just saying they had the authority to do what they did. (Which they did.) You're the one saying they didn't have the authority to do what they did. (Which is crap.) Seems to me the burden's on you.

I see no constitutional authority.

That's weird, you've pointed it out to me many times.

The constitutional authority is located in 1-8-11, as you've said. Go look at it.

55 posted on 03/11/2003 5:53:21 PM PST by Dr. Frank fan
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To: Dr. Frank
All legislaton has an enacting clause if it is constitutionaly based. Don't take my word for it. Here's what Black's has to say about it.


Enacting clause.
  
   A clause at the beginning of a statute which states the
  authority by which it is made.  That part of a statute which
  declares its enactment and serves to identify it as an act of
  legislation proceeding from the proper legislative authority. 
  Various formulas are used for this clause, such as "Be it enacted
  by the people of the state of Illinois represented in general
  assembly," "Be it enacted by the Senate and House of
  Representatives of the United States of America in Congress
  assembled," "The general assembly do enact," etc.  See also
  Enabling clause;  Preamble.

Why is it pathetic that I want to know where and when you were educated? If it was relatively recently and/or in the public schools, you may be missing some important material about the way our government is supposed to work.

Well, one of us is arguing that our Congress loses its right to authorize war if the UN votes it down. And it ain't me. So there's that. I agree that I was never taught about the secret "Valid Form Of War Declaration" section of the Constitution. You've got me beat on that point.

Well, no. Congress doesn't lose it's constitutional power to declare war on whomever. However, if Congress uses UN authorization, from whatever agreement with the UN America has made to be a member, to authorize the executive to prosecute war, and the UN votes the move to war down, to be consistant with law, Congress must withdraw the resolution and authorization to the executive. Nothing stops them from constitutionally declaring war, which they have not done.

Look it up yourself, why don't you

I did. Thomas Register says the text of the legislation has not been transmitted yet.

Yes, yes. Just because the Congress makes a joint resolution to let the executive loose, it does not mean they did it using constitutional power. They could use the power a treaty gives to them, for instance, and which I'm sure they used in this case. But treaties are equal to, and not greater than, common legislation, both of which are subordinate to the constitution.

If the resolution has a enacting clause, as noted above, then that ties it back to the constitution. I would be more than happy to see Congress constitutionally declare war on Iraq. I see no evidence they have.

If you were taught even basic government/civics in school, you would see it too.

56 posted on 03/12/2003 4:55:56 PM PST by William Terrell (People can exist without government but government can't exist without people.)
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To: Dr. Frank
All legislaton has an enacting clause if it is constitutionaly based. Don't take my word for it. Here's what Black's has to say about it.


Enacting clause.
  
   A clause at the beginning of a statute which states the
  authority by which it is made.  That part of a statute which
  declares its enactment and serves to identify it as an act of
  legislation proceeding from the proper legislative authority. 
  Various formulas are used for this clause, such as "Be it enacted
  by the people of the state of Illinois represented in general
  assembly," "Be it enacted by the Senate and House of
  Representatives of the United States of America in Congress
  assembled," "The general assembly do enact," etc.  See also
  Enabling clause;  Preamble.

Why is it pathetic that I want to know where and when you were educated? If it was relatively recently and/or in the public schools, you may be missing some important material about the way our government is supposed to work.

Well, one of us is arguing that our Congress loses its right to authorize war if the UN votes it down. And it ain't me. So there's that. I agree that I was never taught about the secret "Valid Form Of War Declaration" section of the Constitution. You've got me beat on that point.

Well, no. Congress doesn't lose it's constitutional power to declare war on whomever. However, if Congress uses UN authorization, from whatever agreement with the UN America has made to be a member, to authorize the executive to prosecute war, and the UN votes the move to war down, to be consistant with law, Congress must withdraw the resolution and authorization to the executive. Nothing stops them from constitutionally declaring war, which they have not done.

Look it up yourself, why don't you

I did. Thomas Register says the text of the legislation has not been transmitted yet.

Yes, yes. Just because the Congress makes a joint resolution to let the executive loose, it does not mean they did it using constitutional power. They could use the power a treaty gives to them, for instance, and which I'm sure they used in this case. But treaties are equal to, and not greater than, common legislation, both of which are subordinate to the constitution.

If the resolution has a enacting clause, as noted above, then that ties it back to the constitution. I would be more than happy to see Congress constitutionally declare war on Iraq. I see no evidence they have.

If you were taught even basic government/civics in school, you would see it too.

57 posted on 03/12/2003 4:56:02 PM PST by William Terrell (People can exist without government but government can't exist without people.)
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