Understanding The Constitution, the Executive Branch and War Powers »

Posted By populist 10 months, 2 weeks ago in News

“As the executive cannot decide the question of war on the affirmative side, neither ought it to do so on the negative side, by preventing the competent body from deliberating on the question.”
- Thomas Jefferson

“The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.”
- James Madison

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populist

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    ppiittuu10 months, 2 weeks ago

    interesting. but it depends on what one means by "war," doesn't it...

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      capecoralM10 months, 2 weeks ago

      To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

      To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

      To provide and maintain a navy;

      To make rules for the government and regulation of the land and naval forces;

      To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

      To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

      To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings

      Now for the next step

      From PUBLIC LAW 107–243—OCT. 16, 2002

      SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
      (a) AUTHORIZATION.—The President is authorized to use the
      Armed Forces of the United States as he determines to be necessary
      and appropriate in order to—
      (1) defend the national security of the United States against
      the continuing threat posed by Iraq; and
      (2) enforce all relevant United Nations Security Council
      resolutions regarding Iraq.

      Continued...(c) WAR POWERS RESOLUTION REQUIREMENTS.—
      (1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with
      section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
      (2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
      this joint resolution supersedes any requirement of the War Powers Resolution.

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        lloydm6510 months, 2 weeks ago

        I wonder what the framer's would have wrote ,if they knew that later on the house,and senate would be filled with skirts,and girlie men,and our enemies would have more sway with them than the president.Kind of hard to run a country when the congress keeps running back to sixtys ,sticking their heads in the sand , and trying to elect a younger version of George McGovern.

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