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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: Webster Groves who wrote (17778)	2/1/2002 9:48:51 AM
From: Hawkmoon	Read Replies (3) \| Respond to of 281500

War criminals? What war? Show me a declaration of war. Prisoners of War?? What War?? Show me a declaration of war. Btw, Congress voted an authorization for the use of force, the closest thing to a declaration of war one can have when we don't know who has actually attacked us. And declaring war upon Afghanistan would not have been justified since it was Al-Quaida, under protection of the Taleban, which was discovered to have perpetrated the attacks. And since the Taleban were an illegitimate government comprising more Pakistanis than Afghanis, and installed by the ISI, we were more at war with group of leaders than an entire nation. That is why there has been no declaration of war. But let there appear sufficient evidence that Saddam Hussein paid for and trained the WTC attackers... and you might just see one. But you're absolutely right about the winners. They write the rules, the consequences, and the history books. Hawk

To: Webster Groves who wrote (17778)	2/1/2002 10:36:26 AM
From: bela_ghoulashi	Read Replies (1) \| Respond to of 281500

Who do you declare war on in a case like this? What nation? What government? What standing army? How do we make it the neat little package it was, say, in WWII, where both sides and their participants were clearly defined? You could draw lines on a map and say: "This is them, this is us." How do you do that today?

To: Webster Groves who wrote (17778)	2/1/2002 3:01:50 PM
From: Ilaine	Read Replies (1) \| Respond to of 281500

>>Background: Congress Passed the War Powers Resolution in an attempt to do two things: 1) Allow the Congress of the United States to Authorize Military Action without actually Declaring "WAR".. 2) Give to the Congress of the United States the ability to regulate how a war is conducted, in other words be the "Overseer's" of any Military action by the President of the United States acting in his Constitutional capacity as Commander In Chief. The Facts: Fact 1) Congress Activates the War Power Resolution that is in US Code Title 50, Chapter 33, Section 1541: "Sec. 1541. - Purpose and policy (a) Congressional declaration It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment 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) Congressional legislative power under necessary and proper clause 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 hereof. (c) Presidential executive power as Commander-in-Chief; limitation 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 " FACT 2)Congress Passes S.J.Res.23 9/18/2001 Became Public Law No: 107-39 " --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.<< freerepublic.com I read the above yesterday, thought it handled the material well, and am too tired (it's Friday!) to redo the research on my own, so I cribbed it.-g-