To: 4ConservativeJustices
According to Article One, section 8 of the US Constitution, Congress is enpowered "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Congress passed the War Powers Resolution. The Resolution is Constitutional, and the President has acted in accordance to his compliance requirements under the WPR.
There's nothing being violated here.
To: Luis Gonzalez
Just because Congress passed it doesn't mean it's Constitutional. Article VI states, "This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof ... shall be the supreme Law of the Land..."
Everbody wants to avoid that "pursuance" requirement. According to this reasoning, the Congress could pass a law granting ALL powers - legislative, judicial - to the President, which as we both know is ludicrous. Especially to allow bypassing the Constitution, which the Supreme Court certainly held to be illegal:
"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."
Justice Davis, ex parte Milligan, 4 Wall. 2, (1866).
128 posted on
08/24/2002 9:14:50 AM PDT by
4CJ
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