Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

If Dubya wants to go to war against Iraq, he has the power to do so
Capitol Hill Blue ^ | 8-22-02 | LANCE GAY

Posted on 08/22/2002 6:44:48 AM PDT by KLT

President Bush has sufficient legal authority to conduct a war against Iraq under broadly drafted resolutions that Congress passed in 1991 for the Persian Gulf War and a second resolution adopted last year for the war against al Qaeda, legal experts say.

Some add that the president's position would be strengthened politically by seeking a new congressional vote on any operations in Iraq, which would require a public debate over the evidence the administration has developed against Saddam Hussein, and a discussion about what the wider consequences of the war might be on the Middle East.

Lee Casey, a partner in the Washington law firm of Baker and Hostetler, said he would prefer a congressional debate to lead to a war declaration that clearly defines the conflict while asking America's allies to line themselves up as allies, neutrals or fellow belligerents.

But Casey said he cannot dispute the White House contention that Bush already has sufficient authority to conduct the war against Iraq under the resolutions Congress already has enacted.

"Yes, he does have the legal authority to go ahead," Casey said. But seeking another vote from Congress "politically makes a lot of sense - it makes a united country," Casey said. He said a vote of congressional support would also give Bush political cover if a war with Iraq turned sour.

Congress has declared war only five times - against Great Britain in 1812, Mexico in 1846, Spain in 1898 and then World War I and World War II.

In drafting the Constitution, the Founding Fathers gave Congress the power "to make war" but later changed the language "to declare war," but gave no further explanation of the debate, leaving to historians to debate why the change was made.

It has made little difference. War has raged on several occasions under resolutions or congressional authorizations of military funding that have fallen short of declarations of war.

Among these were an undeclared war with France from 1798-80, the First Barbary Pirate War of 1801-05, and the Second Barbary Pirate War of 1815, the raid of slave traffic in Africa from 1820-23, an action against Paraguay for attacking a U.S. ship in 1859, the invasion of Lebanon in 1958, the Vietnam War of 1964-73, and the Persian Gulf War of 1990-91. The U.S. Civil War was never declared because Union lawmakers after secession regarded the conflict as an "insurrection," or a rebellion. The Korean War was conducted under a United Nations resolution.

The Persian Gulf War was conducted under a 1991 congressional resolution that states "the president is authorized...to use United States armed forces pursuant to United Nations" resolutions that found Saddam Hussein's invasion of Kuwait and Iraq's development of weapons of mass destruction threatened the peace and security of the region.

Congress has never repealed the resolution, and for the last decade, U.S. and British warplanes have enforced a no-fly zone over Iraqi territory because Saddam Hussein never lived up to a cease-fire agreement requiring him to comply with the U.N. resolutions.

President Bush has argued that the resolution Congress passed after the Sept. 11 attacks also gives him broad authority to conduct operations in Iraq.

That resolution, which Congress passed three days after the attack, is broadly drafted. It states:

"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."

The administration has been building the case that the Iraqi dictator is connected with al Qaeda, contending that Iraq is harboring terrorist refugees and al Qaeda operatives.

A congressional resolution is not equivalent to a declaration of war, which is a peculiar legal action that has consequences of its own.

Stephen Salzburg, a George Washington University law professor, said a declaration of war gives the president broad emergency powers, and triggers about 150 provisions in the law, including the right to seize ships, impose censorship, expedite licensing for nuclear facilities, and control communications. It also affects contracts and insurance policies, which are written specifically to exclude coverage from damage caused by acts of war.

The powers of the White House are so broad, Abraham Lincoln suspended the habeas corpus rights of people to appeal their detention through the courts, and the Roosevelt administration rounded up Japanese-American citizens on the West Coast and put them in camps during World War II.
© Copyright 2002 by Capitol Hill Blue


TOPICS: Extended News; Foreign Affairs; Government
KEYWORDS: authority; bushdoctrineunfold; constitutionlist; enviralists; jihadinamerica; presidentbushlist; presidential
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-199 next last
To: KLT
"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."

"A congressional resolution is not equivalent to a declaration of war, which is a peculiar legal action that has consequences of its own."

The Constitution does not specify the content or format of a Declaration of War. Therefore a resolution such as the above qualifies.

"Stephen Salzburg, a George Washington University law professor, said a declaration of war gives the president broad emergency powers, and triggers about 150 provisions in the law, including the right to seize ships, impose censorship, expedite licensing for nuclear facilities, and control communications."

Evidently, Mr. Salzburg can't read. The resolution above authorizes "all necessary and appropriate force". One wonders why this isn't considered "broad emergency powers"? It certainly authorizes the right to seize ships, etc.
41 posted on 08/22/2002 3:45:39 PM PDT by DugwayDuke
[ Post Reply | Private Reply | To 1 | View Replies]

To: DugwayDuke
Evidently, Mr. Salzburg can't read. The resolution above authorizes "all necessary and appropriate force". One wonders why this isn't considered "broad emergency powers"? It certainly authorizes the right to seize ships, etc.

AMEN!

42 posted on 08/22/2002 5:32:21 PM PDT by KLT
[ Post Reply | Private Reply | To 41 | View Replies]

To: Austin Willard Wright
Bush stated at the very beginning of this that our war is against the terrorists that have a global reach INCLUDING the countries which provide safe harbor for those terrorists. That was why we had to take out the Taliban in Afghanistan. That also means that Hussein, who's also providing safe harbor to al Qaeda, must be taken out.

This war hasn't been suddenly widened. Bush is just following through with what he announced right after 9-11. Why is that so hard for you to grasp?

43 posted on 08/22/2002 6:13:29 PM PDT by tabsternager
[ Post Reply | Private Reply | To 9 | View Replies]

To: KLT
Thank you KLT !
44 posted on 08/22/2002 8:19:36 PM PDT by Snow Bunny
[ Post Reply | Private Reply | To 2 | View Replies]

To: 4ConservativeJustices
Remember what Reagan did to Libya?
45 posted on 08/22/2002 8:25:00 PM PDT by mamelukesabre
[ Post Reply | Private Reply | To 24 | View Replies]

To: stainlessbanner
Reagan wouldn't have bothered. He just would have made up his own mind and went with it.
46 posted on 08/22/2002 8:25:49 PM PDT by mamelukesabre
[ Post Reply | Private Reply | To 17 | View Replies]

To: Travis McGee
You are supposed to be WRITING.
NOT reading.
Semper Fi
47 posted on 08/22/2002 8:28:15 PM PDT by river rat
[ Post Reply | Private Reply | To 19 | View Replies]

To: SunStar
Additionally, SecDef Rumsfeld stated quite clearly that Iraq is harboring top members of Al Qaeda.

The members of Al Qaeda are in the Kurdish-controlled section of Iraq.

48 posted on 08/22/2002 8:29:09 PM PDT by ProudAmerican2
[ Post Reply | Private Reply | To 26 | View Replies]

To: LisaFab
Can anyone here seriously doubt that Saddam is guilty of aiding and harboring those who were involved in 9/11 and are plotting future attacks on the US?

Evidence?

49 posted on 08/22/2002 8:30:44 PM PDT by ProudAmerican2
[ Post Reply | Private Reply | To 30 | View Replies]

To: KLT
Thanks fer the ping, KLT...I agree that Dubyuh's got the authority to take down Saddam. And I'm not too sure calling for another vote in Congress would be much help politically, unless he just wants to have a bunch of RATS officially on record as being against the action when we inevitably succeed.

FReegards...MUD

50 posted on 08/22/2002 8:36:32 PM PDT by Mudboy Slim
[ Post Reply | Private Reply | To 2 | View Replies]

To: cibco
Saddam is no idiot. He will and has attacked the USA, but only using "deniable" cutouts.
51 posted on 08/22/2002 8:39:20 PM PDT by Travis McGee
[ Post Reply | Private Reply | To 23 | View Replies]

To: Travis McGee
"This element of real life- knowing, but not being able to to do anything about it-"

Did this book you referenced give an opinion on exactly how much FDR knew about Pearl Harbor prior to 12/7/41?

FReegards...MUD

52 posted on 08/22/2002 8:40:16 PM PDT by Mudboy Slim
[ Post Reply | Private Reply | To 19 | View Replies]

To: river rat
I know.
53 posted on 08/22/2002 8:41:27 PM PDT by Travis McGee
[ Post Reply | Private Reply | To 47 | View Replies]

To: ProudAmerican2
"Evidence?"

Did you see or hear the Tom Delay speech yesterday? The linkages between the al queda and Iraq have been well-established, my Newbie FRiend...you need to FReep a bit more.

FReegards...MUD

54 posted on 08/22/2002 8:43:20 PM PDT by Mudboy Slim
[ Post Reply | Private Reply | To 49 | View Replies]

To: Landru
Not with the group I see amassing;

Just out of curiousity, did we crash the party?

55 posted on 08/22/2002 9:02:07 PM PDT by stainlessbanner
[ Post Reply | Private Reply | To 22 | View Replies]

To: KLT
If its WAR then lets declare it and LETS GET IT ON !
56 posted on 08/22/2002 9:04:45 PM PDT by Newbomb Turk
[ Post Reply | Private Reply | To 5 | View Replies]

To: KLT
I don't know what part of 9-11 some people don't understand... It was a slaughter of innocent people, plain and simple, an act of depraved individuals. The people who did this don't deserve the benifit of all this second guessing, just wipe them out. Limp wristed bleeding damn hearts will debate it to death, let them cry at the graves of terrorist scuzz in Iraq as long as we make sure it never happens here again. They hate us and that should be pretty obvious to ALL of us by now. Let's just sit around and wait for some evidence... good move, riiiiiiight.
57 posted on 08/22/2002 10:11:39 PM PDT by NYCop
[ Post Reply | Private Reply | To 42 | View Replies]

To: NYCop
I agree.
War is horrible, when it is our folks dying while their folks smile and deny.

Since NONE of those freaking Peaceful Muslims have made any serious attempt to show remorse or action against the radicals within their "cult" -- I consider them all quilty until proven innocent...

Not PC - but smart from a self preservation aspect.

The ONLY thing that will convince those assholes to backoff - is to hurt them VERY badly.

Sudden and widespread destruction of valuable targets and sites - and people - may convince them they have attacked the wrong target.

If that fails -- an all out war until total defeat and unconditional surrender would be appropriate...

Semper Fi

58 posted on 08/22/2002 11:16:26 PM PDT by river rat
[ Post Reply | Private Reply | To 57 | View Replies]

To: Mudboy Slim
The intell FDR was reading prior to 1941 was diplomatic stuff mostly from the Jap embassy in Berlin to Tokyo etc and concerned Jap-German coordination vis a vis Russia, India etc. The Jap military kept Pearl Harbor such a close hold secret that they didn't use their diplomatic crypto channels in any way to describe the when where and how of the attack. Prior to Dec 7 1941, the Army and Navy crypto depts were a mess, disjointed and uncoordinated, assuming that other depts already had info etc, many of the same "FBI-CIA" type problems we had prior to 9-11. IOW, intell was analyzed poorly and haphazardly and the routing of it was a joke. After Pearl Harbor this all changed big time.

What FDR did know for sure was that the Japs intended to invade South Asia, and would avoid taking on Russia, and that they were coordinating overall strategic moves with Germany, and that America would not be able to stay out of the war because Germany would declare war on America if Japan and America went to war. He knew this because the diplomatic traffic was the area of best analysis. The moves of the Jap fleet were another matter.

59 posted on 08/22/2002 11:36:27 PM PDT by Travis McGee
[ Post Reply | Private Reply | To 52 | View Replies]

To: Travis McGee
Thanks...of course we've all heard the rumors that FDR allowed Pearl Harbor to happen because he wanted something to rile the American Sheeple to war, and I thought maybe this book about his knowing stuff he couldn't share with the public would've shed light on FDR's justifying such an action in his own mind.

I still find it hard to believe FDR would do this, but it was mighty fortunate we had no carriers docked there on 12/7/41.

FReegards...MUD

60 posted on 08/23/2002 5:28:16 AM PDT by Mudboy Slim
[ Post Reply | Private Reply | To 59 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-199 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson