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The constitution does not require a "Declaration of War" by congress

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Sgent Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 03:40 AM
Original message
The constitution does not require a "Declaration of War" by congress
Congress can call it whatever it wants -- hostilities, etc. Congressional authority for military action ONLY requires a majority vote -- meaning every significant deployment since WWII, even though an "undeclared war", has met the constitutional requirements for congressional approval.

That being said, the Libyan war does not meet those requirements. I hope this is rectified quickly.
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joshcryer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 03:44 AM
Response to Original message
1. Tell the GOP to stop sitting on their hands and purposfully avoiding priority procedures.
They are required by law to put it to a vote within the 60 days of the actions taking place.
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Abq_Sarah Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 03:55 AM
Response to Reply #1
2. Actually
The requirements are on the President.

The President is required to notify Congress within 48 hours of committing troops. If he intends to keep troops in hostile areas past 60 days, he must go to Congress to explain his position and ask for authorization. Congress has no deadlines imposed upon them.
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joshcryer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 04:13 AM
Response to Reply #2
3. The last phrase in your post is 100% false.
President Obama notified congress within 48 hours of hostilities.

After which congress was http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001544----000-.html">supposed to:

(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress

Each report submitted pursuant to section 1543 (a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.


Translation: Congress must take appropriate action on the President's report of introduction of hostilities into another country, if Congress is adjourned then they must convene and take appropriate action.

What action must they take?


§ 1545. Congressional priority procedures for joint resolution or bill

(a) Time requirement; referral to Congressional committee; single report
Any joint resolution or bill introduced pursuant to section 1544 (b) of this title at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays.

(b) Pending business; vote
Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.

(c) Referral to other House committee
Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) of this section and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 1544 (b) of this title. The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.


Translation: the house must form a committee and vote on whether or not to support the actions taken by the President.

1) The House never formed such a committee.
2) The House never voted on the actions taken by the President.
3) The Operation Odyssey Dawn lasted 12 days and the President withdrew hostilities.
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Exilednight Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 06:40 AM
Response to Reply #3
6. Backup and re-read what you posted. Your own post proves that Congress does not
have to take any action.

(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress

Each report submitted pursuant to section 1543 (a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

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peopleb4money Donating Member (206 posts) Send PM | Profile | Ignore Sat Jun-25-11 05:56 AM
Response to Original message
4. I don't really care whether they go through the constitutional requirements or not.
I just don't think a war with Libya is necessary at all and that we should be focusing on getting out of the other two wars we were already in, not starting more. I think NATO and multi-national corporations feels threatened by the African Union, and this is all about access to resources and transferring wealth, all over again. Its just like Iraq.
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CJCRANE Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 06:04 AM
Response to Original message
5. Didn't Repubs also complain about Clinton's actions in Kosovo?
I wonder how the GOP would've acted if Bush had authorized something similar...
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 07:54 AM
Response to Original message
7. You need to read the Constitution again, begin at Section 8, the 10th enumerated power
It says the Congress has the power to "declare war".
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