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To: Lazarus_Long who wrote (14957)6/18/2002 5:30:13 PM
From: jttmab  Read Replies (2) | Respond to of 21057
 
I think that the red flag in the War Powers Act is:

SEC. 8. (d)
Nothing in this joint resolution--
(1)
is intended to alter the constitutional authority of the Congress or of the President,


Being a cynic, I read that as: HEY EVERYBODY, WE'RE CHANGING THE CONSTITUTION.

This really could be the first Don't ask, don't tell policy. There's another advantage that the Act gives Congress. Since the Act does require some periodic reports, consultation with Congress, follow on 'approvals', etc... Congress would be in a position of just not approving the extensions. Congress just has to do nothing; and they have good solid experience with that procedure.

Congress has implicitly acknowledged the very broad powers they were giving the President and subsequently passed the Boland Amendment which prohibited the US involvement for the overthrow of the Nicaraguan government under the WP Act.

I find that whole notion bizarre....tossing the whole military ball game over to the Executive and then excluding on a case-by-case basis when the Executive is not allowed to use that authority. Seems back asswards.

jttmab