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Thread: American, Italian Hostages Killed in CIA Drone Strike in January

  1. #151
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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by austrianecon View Post
    Declaration of War triggers different abilities with respect to domestic law (emergency powers).

    AUMF gives none of that authority.

    It's why Attorney General Gonzales said to the Senate Judiciary Committee in February 2006... this:

    "There was not a war declaration, either in connection with Al Qaida or in Iraq. It was an authorization to use military force. I only want to clarify that, because there are implications. Obviously, when you talk about a war declaration, you’re possibly talking about affecting treaties, diplomatic relations. And so there is a distinction in law and in practice. And we’re not talking about a war declaration. This is an authorization only to use military force."
    Link to the Convo on this.

    Reality is there is a reason why AUMF didn't satisfy the legal standard for justifying illegal spying or anything else the US Government (President and Congress) has lost at the level of the Supreme Court. Be it granting rights to enemy combatants to giving them trials instead of holding them forever. Next up is FISA and NSA spying that Supreme Court will end up hearing (Klayman v. Obama). If this was a Declared War, none of this would have been questioned.
    Thta's a god point on the domestics, iwassaying it doesn't matter in practice, since this is how modern war is declared
    and outside of treaties, the domestics are triggered the same way.
    Thanks for that!
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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by faithful_servant View Post
    What an ignorant, uninformed and naive statement. There will always be be bad people who will not stop what they are doing unless they are made to stop. Carrying out a war on these kind of people is not a bad thing. It is a necessary thing for a civilized society to exist. TO make a blanket statement as you just did reflects a level of naivete normally only seen in elementary schools.
    Yes, unfortunately the US will be at the top of that list for some time. And of course the future world that you hold in your faith is the epitome of naïveté.
    Killing one person is murder, killing 100,000 is foreign policy

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by annata View Post
    Thta's a god point on the domestics, iwassaying it doesn't matter in practice, since this is how modern war is declared and outside of treaties, the domestics are triggered the same way.Thanks for that!
    There has been no Declaration of War since 1942 and likely never will be again. The term is now useless.

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by annata View Post
    Thta's a god point on the domestics, iwassaying it doesn't matter in practice, since this is how modern war is declared
    and outside of treaties, the domestics are triggered the same way.
    Thanks for that!
    But every domestic issue has been a loss in the Supreme Court level for the President and Congress because they didn't declare war. Supreme Court sees a AUMF as different legally speaking.
    Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office. H.L Mencken

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by austrianecon View Post
    But every domestic issue has been a loss in the Supreme Court level for the President and Congress because they didn't declare war. Supreme Court sees a AUMF as different legally speaking.
    you'd need to cite what you are saying..I don't follow

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by annata View Post
    you'd need to cite what you are saying..I don't follow
    Rumsfeld v Hamdan.
    Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office. H.L Mencken

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by austrianecon View Post
    Declaration of War triggers different abilities with respect to domestic law (emergency powers).

    AUMF gives none of that authority.
    Absolute nonsense, there is absolutely zero legal difference between an AUMF and an official declaration of war in both instances both houses of congress must vote in favor of allowing the POTUS to send troops into battle, but hey maybe one day we'll see your claims being made in front of the SCOTUS, but don't hold your breath considering that the war powers resolution has been in effect for several decades.

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by austrianecon View Post
    Supreme Court sees a AUMF as different legally speaking.
    No it doesn't and has never once heard a case regarding the legality of AUMF's let alone decide that they are different in any way from an official declaration of war.

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by austrianecon View Post
    ah OK. thanks for that..so if we are talking legal domestic grounds, there is less/little authority to hold..

    here's a question for you ( I haven't followed it that much)..what happened because of that ruling?
    Was the 'closure of Gitmo' process started because of that?

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    Re: American, Italian Hostages Killed in CIA Drone Strike in January

    Quote Originally Posted by face, your View Post
    Absolute nonsense, there is absolutely zero legal difference between an AUMF and an official declaration of war in both instances both houses of congress must vote in favor of allowing the POTUS to send troops into battle, but hey maybe one day we'll see your claims being made in front of the SCOTUS, but don't hold your breath considering that the war powers resolution has been in effect for several decades.
    well that is what I was thinking..in practice there is little difference..

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