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To: CapandBall
I'm afraid you misread my post #57. I said the POTUS is obliged (i.e., has an obligation) to get Congress to declare war. He has no explicit or implicit right to wage war without that declaration, as Congress is the only body that can declare war.
92 posted on 07/31/2002 12:59:26 PM PDT by Cacophonous
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To: Cacophonous
>>He has no explicit or implicit right to wage war without that declaration, as Congress is the only body that can declare war.<<

Not exactly.

If the US was under attack with the bad guys marching asore, or the bad guys invading US territory or a base somewhere, the president has the authority to conduct "war" in defense of this great nation. He is not tied down, unable to act until the congress says so. No sir.

The POTUS has the power and legitimate authority as comander-in chief to order troops to fight. . .he does not need congressional approval before he can send troops into battle.

93 posted on 07/31/2002 1:17:54 PM PDT by Gunrunner2
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To: Cacophonous
Yes, Congress is the only body that can "declare war", and if the POTUS wished war to be declared (formal sense) he would obliged to ask Congress to do that.

However, a formal declaration of war is not required, Congress has already "explicitly" given the POTUS the green light to wage war.

See/review: JOINT RESOLUTION AUTHORIZING THE USE OF FORCE - September 14, 2001. In part...

Section 2. Authorization for Use of United States Armed Forces (a) That the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

95 posted on 07/31/2002 1:21:13 PM PDT by CapandBall
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