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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: tejek who wrote (150070)	8/20/2002 4:54:58 PM
From: TimF	Read Replies (1) \| Respond to of 1570913

It may not be clear to you but its clear to the people who interpret the Constitution. No Ted, it isn't. Its one of the major constitutional issues about the limits of presidential authority. No modern president has accepted the idea that use of military force requires congressional authorization and the Supreme Court has not ruled on the issue. The issue has never been totally settled mainly because the 3 branches of government have tried to avoid confrontation about it. The presidents ask for permision while saying they don't really have to, and congress usually gives it while the courts have so far stayed away from the issue. It was never the intent of the founding fathers for the President to usurp Congressional powers in this fashion. I'm not used to you going to original intent in constitutional interpretation. If you want to apply this consistantly you might have to go for a very different government then what we have today. I think the original expectation was that we would not have standing armies and that there would be a lot of deliberation before raising one and getting involved in conflicts overseas. The idea of a world with rapid transportation and with the US as the world's superpower was not anticipated by the founders. I suspect you may be right that there original intent included the idea that no non defensive use of force, or at least none of any consequence would happen without congressional sanction but they also apparently imageined that it would not happen without a formal declaration of war. If that is the original intent and original intent is the standard used in this case then every war since WWII has been unconstitutional. Tim