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To: duk
>>>...We are going and congress should step up and say it in writing or reign in Bush.

If there was no declaration of war, why are they trying to repeal it?

Bush asked congress to authorize war, they did.

We are at war. From the Padilla case:

The critics are certainly correct that we must remain eternally vigilant about our civil liberties. But we are in a period of crisis, a crisis legally the equivalent of a declared war. Formal declarations of war are an anachronism--no country has issued a true declaration of war in more than half-a-century, and such instruments were historically necessary only to initiate major acts of international aggression, which is now illegal under the U.N. Charter. But the Supreme Court held as early as 1800, in Bas v. Tingy, that Congress could "authorize war" by joint resolution without framing it as a formal declaration of war. Last Sept. 14, Congress did precisely that by a combined vote of 516-1.

55 posted on 02/06/2003 8:08:51 AM PST by Dan(9698)
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To: Dan(9698)
Yep. And look what not having a Declared War got us. Korea. Viet Nam. Bosnia. UN "police actions" all over the darn place. Now this crap.

Oxford Rules of war were pretty damn important for WWI. they were important for WWII. Only now are they inconvenient?

A "use of force" propsition is a LOT different from an open declaration of war. No amount of spinning will change that fact.

58 posted on 02/06/2003 8:18:18 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: Dan(9698)
Regardless of legal precedent or what every one else does, as Americans we need to demand from our leadership the highest moral and ethical standards, (no comments on that powder keg please). It is right for us to be formal about this, it sets an example for others to follow. Japan knew when Congress declared war, it was all over. The nation was united and determined to see it through to the end. The sleeping giant has once again been awakened.
I know it seems very redundant to declare war when we are in the middle of it, but it is the right way, the way our forefathers intended it to be. NO SHORTCUTS, NO HIDING BEHIND VAGUE WORDS AND LEAGAL TALK, NO HIDING OF YOUR VOTE TO KILL, AND NO POLITICAL MANEUVERING.
It's part of the job, suck it up and drive on. They say they support the troops, let me tell you , a true american call to arms would really tell the troops what they need to hear.
Got to go now, have to shovel snow off of a roof.
72 posted on 02/06/2003 8:44:13 AM PST by duk
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