Kerry's comment about the president 'having the authority' to declare war

[northstar]

still makes me uncomfortable. (Let me make clear that imho, * having another four years is intolerable). However, I did find THIS (as well as a host of other wonderful things as I was attempting to educate myself on this wonderful document of ours...the Constitution.

(I don't have a 'star', so I couldn't find the post that I started/am referring to, but I think this would be a relative add-on-if I could find it, damn!)

ANYWAYS, the IMPORTANT STUFF:

"Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume." --- Judge Thomas M. Cooley

http://www.cooley.edu/overview/tmctheman.htm

----

What did congress do when it allowed * the power to go into Iraq? I'm not a lawyer, so I'm not saying this 'lawyerly-like', but I do have a good brain that works and I 'understand' awful thing happened and what congress 'gave away'. I think a lot of other 'regular' people do as well.

[noahmijo]

1. Two things

A. The authority was necessary for the inspectors to do their work. I think we all agreed with allowing the weapons inspectors to do their work.

B. From the IWR


EC. 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.


(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that


(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and


(2) acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001.



http://www.hnn.us/articles/1282.html

Don't have to be a lawyer to see that this does nothing more than give the president authority to go to war UNDER THESE CIRCUMSTANCES which Bush clearly violated.

BUSH is the villian here for LYING. BUSH is the fuck up here NOT Kerry.

Kerry's crime was trusting the president not to lie and not to fuck it up as he put it.

[northstar]

2. No, congress usurped it's authority

plain and simple.

and I don't appreciate anyone who 'agrees' with that - if Kerry was 'holding his cards to his chest' and didn't agree, he would've kept silent and not said this. Therefore, I 'know' where he 'stands' and, well, *I shake my head in sadness*

[MiddleGuy]

4. Kerry also made military action a form of weapons inspection

I am wondering if Kerry was attempting to cover all his bases when he said:

"It appears that with the deadline for exile come and gone, Saddam
Hussein has chosen to make military force the ultimate weapons
inspections enforcement mechanism. If so, the only exit strategy is
victory, this is our common mission and the world's cause. We're in
this together. We want to complete the mission while safeguarding our
troops, avoiding innocent civilian casualties, disarming Saddam
Hussein and engaging the community of nations to rebuild Iraq."

http://web.archive.org/web/20030401194231/www.johnkerry.com/site/PageServer


Notice he appears to be making it Saddam's fault for military action for not allowing inspections. hmmmmmmmm

[mazzarro]

3. I believe that the IWR gave the pResident too much leeway!

I further believe that IWR supporting legislators should have demanded explicit language in the resolution stating what steps they were expecting W* to follow in using the authority. Instead they were more interested in painting Senator Byrd and other antiwar legislators in Congress as naivetes and even anti-Americans or blame-America-first supporters. IWR-supporting legislators were content to rely on the context of the resolution's debate as guidance for an administration that had been demonstrated up till then as manipulative at best. This lack of explicit demand on the administration is the window through which the administration is still making arguments in its favor about the appropriateness of going to war when it did.