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To: jamaksin
Agreed ... but a minor problem ... no formal Declaration of War is to be seen. War Powers Act is close, but it is not the "real" thingy.

You are forgetting or are not aware of the joint resolution that was passed by Congress (H. J. RES. 114) on October 10, 2002. The resolution is titled

"To authorize the use of United States Armed Forces against Iraq."

It also states

Whereas Congress has taken steps to pursue vigorously the war on terrorism through the provision of authorities and funding requested by the President to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;"

Note the word war is used in the joint resolution. This is a declaration of war. Therefore we are at war. I suggest you read www.yourcongress.com the resolution.

12 posted on 01/11/2006 6:05:28 PM PST by Man50D
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To: Man50D
The right of the people to be secure in their persons, houses, papers, and effects

The Supremes have consistently held from the 1920s to the present that the radio-waves belong to the public and the public has the freedom to listen. Public radio-waves do not belong to the person using them. Nobody has a reasonable expectation of privacy. That covers passive radar detectors that listen to the police radar (But not necessarily active ones that send false signals back to the police.) It covers cell-phones like that of the politician visiting Florida and heard on a Radio Shack scanner. That covers phone calls on relayed on micro-wave and bouncing off satellites. Should that Supreme Court precedent be overturned?

against unreasonable searches and seizures, shall not be violated

Is it unreasonable to eavesdrop on a known member of Al Kaida? A suspected member of Al Kaida? It is the job of Congress to define what is reasonable and what is unreasonable. That should be done by a law that automatically sunsets every 10 years. Congress is derelict in its duty in not defining what is reasonable and what is unreasonable.

and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Again, it is the job of Congress to define probable cause. Congress is derelict in its duty.

Note that there is no prohibition against reasonable searches. Thus the police do road checks for drunk drivers and people not wearing their seatbelts. The courts have determined those checks to be reasonable and thus do not need probable cause. I do not think they are reasonable. But I've been over-ruled.

14 posted on 01/11/2006 6:28:17 PM PST by spintreebob
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To: Man50D
Well, almost. You have missed my point ...

Difference:

Declaration of War ... Wilson and FDR asking Congress for a declaration of war. In each case, one negative vote, same person (a pacificist) each time.

War on Terrorism ... A metaphor much like "War on Drugs" or "War on Poverty" - of much lesser weight than the "true" declaration of war above.

For example, was the Korean War a war ... nope, it was a "police action" ... VietNam ... Bosnia ... , etc. None had a "true" [viz., Congressional vote] declaration of war authorizing spending America blood and treasure, and yet it was done.

So, my question is - Why "War Powers Act" (your Resolution) and not Declaration of War? Answer - it is like the Congressional Military Base Closure Committee - politics!

15 posted on 01/12/2006 4:12:58 AM PST by jamaksin
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