Counter this point? - Congress approved the war in 2002, so its constitutional

[ClayTrainor]

Someone just raised a point i wasnt familiar with

- Congress approved the war on October 11, 2002, so it is constitutional.

http://archives.cnn.com/2002/ALLPOLITICS/10/11/iraq.us/

How do we maintain an unconstitutional Iraq war argument here?

[constitutional]

It's not a declaration of war. Title reads "Senate approves Iraq war resolution".

It's just a resolution under the War Powers Resolution (http://en.wikipedia.org/wiki/War_Powers_Resolution) that simply allows Bush to go into the country, perform x things but he has to report back to congress in x days... etc.


The War Powers Resolution of 1973 is a United States federal law providing that the President can send U.S. armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat.

So it was just an authorization.

Your welcome. :)

[angelatc]

This is the whole problem: The founders went out of their way to ensure that war wasn't waged on the whim of a single person by insisting that Congress had to declare war, not the President.

Congress is simply not authorized to delegate that power to the President.

And what weapons, exactly, was he supposed to give up? Iraq didn't even have any WMDs.

[libertarian4321]

Someone just raised a point i wasnt familiar with

- Congress approved the war on October 11, 2002, so it is constitutional.

http://archives.cnn.com/2002/ALLPOLITICS/10/11/iraq.us/

How do we maintain an unconstitutional Iraq war argument here?

Congress didn't declare war, as they are required to do.

They simply abdicated on their responsibility and gave the President a blank check to do whatever the hell he wanted to do- which, of course, is wrong.

[ClayTrainor]

Perfect, Thanks! :cool:

[Original_Intent]

And the difference is they would not be able to call it "George Bush's war", each congressman would have to make the case to his constituents, and if they couldn't, they lose their jobs.

The way they did it gives them wiggle room because it was Bush's decision that actually took us to war. this is exactly what the founders wanted to avoid.

If Congress declares war, they are responsible to finance it.

If the President declares it, the Congress can turn against the decision and withhold funding, which endangers our soldiers.

[Imperial]

Also, there was a Supreme Court decision at some point(can't remember which) that ruled Congress cannot delegate its powers to another entity.

Want to say early 1900s though; perhaps under FDR?

[Knightskye]

Congress transferred their authority to the executive branch. That's not constitutional.

[Josh_LA]

It's not a declaration of war. Title reads "Senate approves Iraq war resolution".

It's just a resolution under the War Powers Resolution (http://en.wikipedia.org/wiki/War_Powers_Resolution) that simply allows Bush to go into the country, perform x things but he has to report back to congress in x days... etc.



So it was just an authorization.

Your welcome. :)

yes, in other words, an implicit declaration or a passive declaration.

Either way, it's like arguing whether somebody committed a crime if he was told by somebody else it was OK. Congress saying the President can commit the crime of declaring war does not mean Congress declared it themselves.

[Pericles]

Congress has declared war 5 times -

1. Great Britain 1812
2. Mexico 1846
3. Spain 1898
4. Germany 1917
5. Japan, Germany, and Italy 1941

Notice any actions by the armed forces of the US missing? My preliminary list -

1. Naval action against France 1790s
2. Indian Wars 1790s in the Northwest Territory
3. Barbary Wars 1800s
4. Creek and Seminole Wars 1830s
5. War Between the States 1861 to 1865
6. Plains Indian Wars 1867 - 1892
7. Boxer Rebellion
8. Russian Expedition 1918
9. Central American Interventions 1920s
10. Korea 1950 - 1953
11. Vietnam 1963 - 1973
12. Panama 1989
13. Somalia, Haiti, Serbia 1990s
14. Afghanistan 2001
15. Iraq 2003

[Pericles]

Just to save some members the effort of posting again:

http://www.ronpaulforums.com/showthread.php?t=151890