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The War Power Act of 1973 frankly is unconstitutional. It sought to codify and at the same time limit the excesses and abuses of so called executive war powers in past, which began with FDR. In a sense it solidified the unconstitutional precedents set by so called 'police actions' or undeclared wars like Korea, Vietnam, or
peacekeeping missions under the auspices of the UN.

FDR paved the way for eroding our sovereignty and usurping Congressional authority over war powers with his internationalism and incessant demands for discretionary war powers in the event of 'an emergency, of course' or extraordinary circumstances. America has had numerous wars since WWII, yet not one was constitutionally declared... Korea was done under auspices of UN-approved police action or 'peacekeeping.' The President may be Commander-in-Chief, but this is in time of war, Congress has the power to declare war... and Congress can issue letters of marquee and reprisal, which as Rep. Paul said should have been the proper course of action against 'stateless' terrorists who attack our country.

All of these unconstitutional wars and peacekeeping where we appeal to the UN, for justification, for legitimacy, have served but one purpose- to bolster the United Nations' prestige, power and sovereignty. It tacitly concedes our military power is a constitiuent part of the UN and has eroded the sovereignty of our nation. All of this coalition building in the Gulf War, the Balkan conflict and other peacekeeping missions, which never end, create a perception of a need for a UN Security Force, which intervenes and squashes conflicts in the interest of 'human rights' or some idealist universalistic ideology 'of making the world safe for democracy.'

The elites rationalize this by pointing to the UN treaty ratified by Congress, which made the United States a constitiuent state within the United Nations and more or less made the UN Security Council the arbitrator, appellete source of approval that the US runs to in order to legitimize it's wars. Read the UN Charter...

For all of my avowed 'conservative' brethren who are all to eager to jump on the war bandwagon, and say Congress is behind the President while naively assuming that a mere resolution makes the action constitutional, I'd suggest you start reading your Constitution and studying history...
Congress has to issue a formal declaration of war to make a 'war' constitutional... Unless, of course, you feel the UN is our sovereign, than we have no shared frame of reference anyway.

But then again, expediency, the 'emergency' posed by our bogeyman- Saddam, the special contigencies of the situation at hand and naivity on the part of most Americans have always aided in the erosion of the Constitution and National Sovereignty. And just like it was in the hey day of the FDR New Deal- it is wraped up in the flag of patriotism and nationalism. Dissenters are chatised as pacifists and unpatriotic with Orwellian word games. Think about it- fellow conservatives... If you call yourself one than thank about conservatism's underlying principles: Constitutionalism, Federalism commensurate with the original intent of the founders, and Limited Government. The foreign policy articulated by the founders was one of armed neutrality, no entangling alliances and strategic independence. John Quincy Adams avowed, "America does not go abroad in search of monsters to destroy. She is a well wisher to the freedom of all and a vindicator only of her own."

You'd be poisoning the well... if you call me some peacenik pro-Saddam pacifist- or you could just gleebly say we don't need the UN, we can still get Congress behind the President with a 'resolution' have missed the entire point of my argument. That's what I have become accustomed to hearing when I criticize how we go to war without declaring war, but if you fancy yourself a conservative, a constitutionalist, and believe in the rule of law and share in the vision of the republic under a rule of law- than for the SAKE OF THE NATION, for affirming our SOVEREIGNTY, THE RULE OF LAW AND THE CONSTITUTION- write the President, go write your representatives and demand a formal declaration of war and tell them to stop pussyfooting around with resolutions supporting the President's intervention. Make it clear to your friends and family, that if we go to war, than we should get a Congressional Declaration of War. A Congressional Declaration of War would signal that we're affirming our sovereignty, our Constitution, and we don't need the UN to legitimize or rubber stamp our wars. Let's end the perpetual war for pepetual peace gimmick of the UN and restore the Constitution.

I>"For all of my avowed 'conservative' brethren who are all to eager to jump on the war bandwagon, and say Congress is behind the President while naively assuming that a mere resolution makes the action constitutional, I'd suggest you start reading your Constitution and studying history... Congress has to issue a formal declaration of war to make a 'war' constitutional... "

Read some American history before you post such ignorant stupidity.

Washington's wars with the Wabash, Adams' war with the French, Jefferson's war with the pirates, all done by resolutions of congress.

What a fool to claim to know the Constitution better than our Founders.

What fools all lying Liberals are to try to pose on free Republic.

The War Power Act of 1973 frankly is unconstitutional

Interesting, that is Ron Paul's view as well and every President who has occupied the office since. Each and every one has standing to challenge the constitutionality in court. Yet they don't which, of course, is a question dying to be answered.

The War Powers Act is currently the law of the land. Saying it's unconstitutional and using that as a basis to declare every armed intervention authorized by Congress as unauthorized and unconstitutional is an exercise in futility.