Reply #3: Will Congress' do a new AUMF for Iran or will they use the Sept 2001 AUMF

[EVDebs]

re terror and "...as he determines..." meaning Bush has extra-Consitutional powers which Congress has abdicated ?

Sept 2001 AUMF
http://www.yale.edu/lawweb/avalon/sept_11/sjres23_eb.htm

""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.""


The (as) 'he determines' language is the scariest part of this, yet the WPA of '73

http://www.policyalmanac.org/world/archive/war_powers_resolution.shtml

embedded requires "CLEAR" (truthful) "SITUATIONS" and "CIRCUMSTANCES" in order to proceed (see section c, below); the lack of clarity in the entire Iran situation now reveals the flawed logic Congress has used to further enable this administration. It's time Congress stand up and think for itself. Sen Warner seems to be learning this as he's mentions 'revisiting' the Iraq AUMF from Oct 2002. This one from Sept 2001 needs revisiting too,

""(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.""