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To: dangus
The formal statement of the warrant is to authorize the agent to pass beyond the borders of the nation (”marque”, meaning frontier), and there to search, seize, or destroy assets or personnel of the hostile foreign party (”reprisal”), not necessarily a nation, to a degree and in a way that was proportional to the original offense. It is considered a retaliatory measure short of a full declaration of war, and by maintaining a rough proportionality, has been intended to justify the action to other nations, who might otherwise consider it an act of war or piracy.

Letters of Marque and Reprisal were issued to INDIVIDUALS who could show injury or loss because of the actions of a person from another nation.

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To somehow quibble that a war is not legal because Congress only issued a resolution of war, rather than a declaration of war is to say that the President is impelled to suspend civil liberties whenever we must act to defend ourselves from foreign misbehavior.

There is no 'quibble' about it. Authorizations and resolutions are nothing more than unconstitutional exercise of authority for the sole purpose of doing an end-run around the Constitution.

The Founders PURPOSELY made it difficult to declare war by giving that power to Congress, but easy to declare peace by giving the President the treaty-making authority.

The absolutely disgusting thing is that so many 'conservatives' applaud federal actions for the simple reason that they agree with it. They have no clue as to the Constitutionality of the action itself...nor do they appear to even care.

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The constitution vests the power of declaring war in Congress; therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure.
~George Washington

The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.
~James Madison

Allow the president to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such a purpose—and you allow him to make war at pleasure.
~Abraham Lincoln, Letter to William Herndon Feb. 15, 1848

368 posted on 09/21/2007 9:48:23 AM PDT by MamaTexan (~ I am NOT a political, administrative or legal 'entity', nor am I a person as created by law ~)
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To: MamaTexan

You’re quite a few steps behind in this debate.


392 posted on 09/21/2007 12:00:26 PM PDT by dangus
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