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

To: Nadine Carroll who wrote (36068)	8/6/2002 9:25:49 AM
From: Ilaine	Read Replies (1) \| Respond to of 281500

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. << yale.edu