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To: Poohbah; hchutch
And both of you d#mn well now this was not the original intent of the statements. It was to regulate commerce, not establish treaties of defense. And as to Article I, Section 10 I would suggest you may want to look at that again

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Doesn't say anything about preemptive strikes at the state level and one would assume that this was the intent from the wording at the federal level as well. Oh, but I guess Hussein could have weapons ready in what? 45 minutes? I guess if he was planning on throwing beans at us from 5000 miles away....

276 posted on 07/11/2003 5:38:32 PM PDT by billbears (Deo Vindice)
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To: billbears; hchutch
It was to regulate commerce, not establish treaties of defense.

The power to make treaties is granted whole and complete to the federal government, does not have any specific limitations aside from the requirement of a 2/3rds vote of all Senators present to ratify the treaty. If it were to be specifically restricted to regulation of commerce, then it would say so and would forbid the Congress from enacting any treaty of mutual defense.

Doesn't say anything about preemptive strikes at the state level and one would assume that this was the intent from the wording at the federal level as well.

Uh, wrong.

States are not allowed to make war unless invaded or in imminent danger of same.

The federal government is granted the power to declare war (to Congress). This power is whole and complete; it is not restricted in any way to "defensive war" (which in itself raises interesting questions--such as what the exact definition of a "defensive war" is. If the Congress decides tomorrow to declare war on Canada and votes that way, we're at war with Canada, period. The Constitution does not mandate a particular form for said declaration, either.

277 posted on 07/11/2003 5:59:42 PM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women.)
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