Joint Resolution Authorizing Force in Iraq = Unconstitutional !

[EVDebs]

"Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 11, vests in the Congress the exclusive power to declare war."

http://en.wikipedia.org/wiki/War_Powers_Clause


The Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq
www.whitehouse.gov/news/releases/2002/10/20021002-2.htm...

unconstitutionally transfers warmaking power to Bush at his discretion

""SEC. 1. SHORT TITLE.

This joint resolution may be cited as the "Authorization for the Use of Military Force Against Iraq".

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS

The Congress of the United States supports the efforts by the President to--

(a) strictly enforce through the United Nations Security Council all relevant Security Council resolutions applicable to Iraq and encourages him in those efforts; and

(b) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions.

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to

(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq....""

"AS HE DETERMINES"...NOT CONGRESS ! UNCONSTITUTIONAL ! Q.E.D.

[Trevelyan]

1. Thank you for bringing this to our attn. I had no idea.

I am going to follow your links to find out when this happened and which dems voted to give away their most important reason for being.

[Trevelyan]

2. This happened in 1973? Got a message: File Not Found

The Joint Resolution to Authorize the Use of United States Armed Forces Against ******Iraq*****

www.whitehouse.gov/news/releases/2002/10/20021002-2.htm...

"The file you have attempted to access cannot be found. Please check the URL you entered to make sure there were no typing or copy-and-paste errors. You may also use our search facility to help you find the file you are looking for.

Please note: many files associated with the previous administration have been removed from this server. Some materials may be available through the National Archives and Records Administration website."

http://en.wikipedia.org/wiki/War_Powers_Clause

"...In 1973, Congress passed the War Powers Resolution, which requires the president to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities. Its constitutionality has never been tested as Congress has always passed the required authorization when requested by the president.

Some legal scholars maintain that all military action taken without a Congressional declaration of war (regardless of the War Powers Resolution) is unconstitutional; however, the Supreme Court has never ruled directly on the matter."

If you are referring to something recent, I would be esp. interested in the Congressmembers who gave away their war powers directly to B*sh, Junior on Iraq. They really are frightened wimps. Another outrage! Afghanistan is rarely mentioned even on left blogs and atrocities and torture have been going on there.


:wtf: :kick:

[Thom Little]

3. You're wrong.

The Constitution does not give Congress the exclusive power to declare war. No part of the Constitution gives it to them exclusively. The passage to which you refer says only that Congress has the power "to declare war." It says nothing else. That does not forbid the President from taking military action, even if it is blatantly stupid and based on lies.

[zanne]

4. This was discussed at the time.

I remember discussions about this in the media, even on CNN. They went ahead and did it anyway. This is what fear does to people.

[Toots]

5. So Democrats didn't vote for war, they voted to give Bush* authority

to make the decision whether to go to war and that vote was unconstitutional as it gives away power vested in Congress by the Constitution. So now Democrats are no longer guilty of voting for war but for voting for an unconstitutional transfer of power. I would rather they voted for war instead.. there is absolutely no excuse for this. It is absolute negligence on their part..as bad or worse than ol' Brownie did.