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

To: JohnM who wrote (39976)	8/26/2002 1:23:09 PM
From: Ilaine	Read Replies (1) \| Respond to of 281500

I am reminded of a rather risque' (possibly apocryphal) story which was widely told in Louisiana during integration days. Leander Perez, head honcho in Plaquemines Parish, resolved to resist forced immigration any way he could. As the story goes, he and Governor Earl Long (Huey's younger brother) were standing side by side at a urinal in the Louisiana State Capitol building. Long said to Perez, "I know you don't like it, Leander, but what are we gonna do now that the Feds have got themselves the ay-tomic bomb?" In other words, states' rights are no longer even close to a match for federal might. However, it should be noted that while the federal government has the ay-tomic bomb (by which I mean the ability to coerce others to do things they don't want to do) in practice it's the President with his finger on the button. The President is the Commander-in-Chief. Accordingly, the US has been involved in something like 200 military conflicts in which Congress never declared war. Since World War II, Congress has never actually formally declared war even once, despite all the military actions we have been engaged in. writ.news.findlaw.com Take, for example, Jefferson's attack on the Barbary Pirates. No declaration of war there. Hamilton argued that when another country attacked the US, we were already in a state of war, and there was no need for Congress to declare war. Congress apparently agreed. caselaw.lp.findlaw.com Here's a question for you to chew on (irrelevant to Iraq but relevant to Al Qaeda): can war be declared if the enemy is not a state?

To: JohnM who wrote (39976)	8/26/2002 1:35:48 PM
From: Ilaine	Read Replies (1) \| Respond to of 281500

Here's the complete text of the 9/11 Resolution, relevant portion bolded: >>Public Law 107-40 107th Congress Joint Resolution To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States. <<NOTE: Sept. 18, 2001 - [S.J. Res. 23]>> 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, <<NOTE: Authorization for Use of Military Force. 50 USC 1541 note.>> 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) <<NOTE: President.>> 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. [[Page 115 STAT. 225]] (2) Applicability of other requirements.--Nothing in this resolution supercedes any requirement of the War Powers Resolution. Approved September 18, 2001. LEGISLATIVE HISTORY--S.J. Res. 23 (H.J. Res. 64):CONGRESSIONAL RECORD, Vol. 147 (2001): Sept. 14, considered and passed Senate and House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Sept. 18, Presidential statement. <all><< frwebgate.access.gpo.gov