[Vineyard]

What book covers every precedent! A retalitory nuclear-strike isn't covered by the Constitution . . . and extremists would require the President to convene a joint session of Congress (like FDR - Dec. 08, 1941) - and ask for a declaration of war BEFORE releasing the U.S. nuclear weapons in retaliation.

Don't be so tied up that you miss the forest for the trees.

Congress PASSED two resolutions ... and the first in 1998 authorized the President to procede - even unilaterally - with a regime change in Iraq. The second resolution was more emphatic about taking all necessary action against terrorists and states that support terrorism - after the 9-11 attacks.

The "letter" of the process might not have been followed - by strict constructionist ... but the intent has been more than satisfied. Further requirements benefit the enemy!! (but most of the "peace-niks" would rather Saddam be helped than worry about success in the war on terrorism - and would rather have Saddam stay in power killing hundreds of thousands while whining that U.S. action might kill hundreds OR thousands.)

Mike

[William Terrell]

What book covers every precedent!

The United States Constitution. If it ain't spelled out specifically, or implied by clear and unambiguous inference, the covered branch of national government has no authority to touch it, unless it's covered by "the commerce clause" apparently (that was sarcasm).

. . .and extremists would require the President to convene a joint session of Congress (like FDR - Dec. 08, 1941) - and ask for a declaration of war BEFORE releasing the U.S. nuclear weapons in retaliation.

Such an extreme event would authorize, by its nature and immediacy, the executive to move instantly to retaliation and move the country into an emergency condition. Nothing even remotely like that has happened. There is plenty of time for the Congress to dot the i's and cross the t's.

Congress PASSED two resolutions

"Resolutions" don't get it. Congress cannot by resolution or any other tactic transfer their authority under 1-8-11 to the executive branch. Congress is composed of cowards fearing only for their political careers.

If we allow a precedent of extraconstitutional activity by the branches that were created by the constituion because it might benefit the enemy, we have taken a long step toward the enemies' goals.