A while back I posted that Congress' authorization to use force against the perpetrators of 9/11 would not give Bush authority to attack Iraq unless it could be shown that Iraq was either involved in 9/11 or giving aid to those who perpetrated 9/11. I stand by that analysis. Here's a copy of the Authorization for Use of Military Force:
>>Authorization for Use of Military Force (Enrolled Bill)
--S.J.Res.23--
S.J.Res.23
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
Joint Resolution
To authorize the use of United States Armed Forces against
those responsible for the recent attacks launched against the
United States.
Whereas, on September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that
the United States exercise its rights to self-defense and to protect
United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign
policy of the United States posed by these grave acts of violence;
and
Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and foreign policy of
the United States; and
Whereas, the President has authority under the Constitution to
take action to deter and prevent acts of international terrorism
against the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives
of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the `Authorization for
Use of Military Force'.
SEC. 2. AUTHORIZATION FOR USE OF
UNITED STATES ARMED FORCES.
(a) IN GENERAL- That the President is authorized to use
all necessary and appropriate force against those nations,
organizations, or persons he determines planned,
authorized, committed, or aided the terrorist attacks that
occurred on September 11, 2001, or harbored such
organizations or persons, in order to prevent any future
acts of international terrorism against the United States by
such nations, organizations or persons.
(b) 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 resolution
supercedes any requirement of the War Powers
Resolution.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. <<
The fact that the Senate was holding hearings prior to the recess leads me to believe that the administration will not invade Iraq without a formal declaration of war, and Congress is in recess until after Labor Day.
So, unless the adminstration decides to proceed without Congress, under the War Powers Resolution, no invasion anytime soon. BTW, I don't think the War Powers Resolution could be twisted into justification of an invasion of Iraq, either, as the facts now stand.
>>SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the
Constitution of the United States and insure that the collective judgement of both the Congress and the
President will apply to the introduction of United States Armed Forces into hostilities, or into
situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to
the continued use of such forces in hostilities or in such situations.
(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall
have the power to make all laws necessary and proper for carrying into execution, not only its own
powers but also all other powers vested by the Constitution in the Government of the United States, or
in any department or officer thereof.
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly
indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific
statutory authorization, or (3) a national emergency created by attack upon the United States, its
territories or possessions, or its armed forces. <<
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