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War Powers - Shared or Owned by Only One Branch

 
 
Reply Tue 30 Jan, 2007 07:37 pm
The Senate Judiciary Committee heard testimony today from Constitutional experts about whether or not Congress has the power to end or limit the war in Iraq. You can read the article here:
http://news.yahoo.com/s/nm/20070130/ts_nm/iraq_usa_congress_dc

Put aside what the experts say and decide for yourself. Below are the provisions of the Constitution that discuss war and the military.

Article I, Section 8

The Congress shall have Power ...

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repeal Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress ...

Article II, Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ...


You can find the whole Constitution here:

http://findlaw.com/casecode/constitution/



I had to look up "Letters of Marque and Reprisal." That's an antiquated system under which nations authorized private persons to seize boats from other nations. Essentially, it was legalized piracy, except you were called a "privateer," instead of a "pirate," if you had a letter or marque and reprisal. You can read about it in this Wiki:
http://en.wikipedia.org/wiki/Letters_of_marque_and_reprisal

One needs to also review the following text found here:

http://www.elpasotimes.com/election/ci_5118715

The War Powers Act of 1973
Public Law 93-148
93rd Congress, H. J. Res. 542
November 7, 1973
Joint Resolution
Concerning the war powers of Congress and the President.
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Butrflynet
 
  1  
Reply Tue 30 Jan, 2007 07:49 pm
More sites to review:


http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/warandtreaty.htm

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

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

http://www.americanprogress.org/issues/2007/01/military_deployments.html
0 Replies
 
fishin
 
  1  
Reply Tue 30 Jan, 2007 09:14 pm
For informational purposes:

http://www.fas.org/man/crs/RL32267.html#_1_12

Lots of good info on some issues/problems/questions with the War Powers Act.
0 Replies
 
Libcoesque
 
  1  
Reply Sat 3 Feb, 2007 03:04 pm
The DECIDER launched us into war in the middle east for the purpose of enriching his crony supporters to the tune of billions of dollars every month plundered from our national coffers and middle east resources. The war isn't over yet because the powers that be have another two years left in office to continue reaping the spoils. It ain't going to be over until every bit of possible profit is squeezed from the blood of our soldiers and until middle class taxpayers are sunk into the poor house under the massive weight of our national debt:

http://www.brillig.com/debt_clock/debtiv.gif

http://www.brillig.com/debt_clock/



GOOD NEWS: Oil industry awash in record levels of cash

Quote:
With crude trading around $60 a barrel, the oil industry is enjoying one of the biggest windfalls in its history....



RECORD PROFITS

Quote:
Chevron Corp. on Friday reported net income of $17.14 billion for 2006 -- its third consecutive year of record earnings -- despite a fourth-quarter profit dip.


Exxon Mobil sets profit record

Quote:
NEW YORK (CNNMoney.com) - Exxon Mobil Corp. set U.S. records for annual and quarterly profits Monday as it easily topped fourth-quarter earnings forecasts.


Exxon and Shell Report Record Profits for 2006

Quote:
largest reported by any American company in history.


Quote:

AP: Oilfield services conglomerate Halliburton Co. swung to a profit in its fourth quarter on robust sales and increased rig activity, and called last year the best in its 86-year history.



Do you really think Bush, the decider, launched us into war for our own good?
0 Replies
 
Butrflynet
 
  1  
Reply Sun 4 Feb, 2007 08:15 pm
What does that have to do with the debate over constitutional war powers between the branches of our government and each branch's interpretation of their various lawful abilities to halt a war?

If you want to debate the motives of it, there are dozens of other threads already doing so.
0 Replies
 
Libcoesque
 
  1  
Reply Wed 7 Feb, 2007 11:20 am
Butrflynet wrote:
What does that have to do with the debate over constitutional war powers between the branches of our government and each branch's interpretation of their various lawful abilities to halt a war?

If you want to debate the motives of it, there are dozens of other threads already doing so.


We have co-equal branches of government and their powers overlap. Accordingly, you can debate this issue for the next two years and never find an answer. Congress can debate; the people can debate. The First Amendment protects our right to debate and to voice our approval or disapproval for the acts of an obstinate president. But here's where we're at:

White House: We will send more troops in Iraq

Quote:
WASHINGTON (AP) -- President Bush, facing opposition from both parties over his plan to send more troops to Iraq, said he has the authority to act no matter what Congress wants.

"I fully understand they could try to stop me from doing it. But I've made my decision. And we're going forward," Bush told CBS' "60 Minutes" in an interview to air Sunday night.

Vice President Dick Cheney asserted that lawmakers' criticism will not influence Bush's plans and he dismissed any effort to "run a war by committee."


An intellectual debate over whether Bush has the constitutional power to mismanage and drag out his war for profit is exactly that--an intellectual debate. It doesn't resolve the current crisis. The "Decider-in-Chief" already decided and he doesn't care whether his stubborn stance divides the country morally and politically. Wealth is power and Bush's two terms in this nation's highest office is making billionaires of all of his "friends." Mission Accomplished.

Bush's description of himself as being a "uniter not a divider" was clearly a lie. He's a self-interested divider. You're either with him or against him. He doesn't care what anyone other than himself thinks because he's in power and he'll do what he wants with his power. Unless Bush is promptly removed from office, there will not be an end to this war during his term of office. That's the reality that we must face.

He has the power and he's abusing his power. His motivation for abusing his power ought to be our true concern because the billionaires he created will control our government for decades to come.
0 Replies
 
Speed Of Sound
 
  1  
Reply Sat 10 Feb, 2007 11:17 am
As much as I'd like to say otherwise, it seems quite clear in every document that Congress has the power to declare war, and thats it. They are never given the right to end a war, so that right would naturally fall into the lap of the Commander-in-Chief: The President. Sure, Congress can pass wimpy little resolutions and what not, but the only way they can stop a war is stop funding it, and even at that point the President could still keep them there, their equipment would merely break down, their weapons run out of ammo, etc. etc. but the war would still not be over. It could be said, I guess, that the people have the right under the Tenth Amendment, because the definition of Commander-in-Chief and his rights could be argued, and the right to end war could fall to the states/people.
0 Replies
 
Foley
 
  1  
Reply Sat 10 Feb, 2007 04:03 pm
At Speed of Sound
How can we be at war? Our Congress never declared war. They don't have to end it. It isn't happening. Don't worry about it.
0 Replies
 
 

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