Last edited by Goobieman; 02-19-10 at 01:52 PM.
Even during the widely popular Gulf War in 1991 (which we won), Congress authorized force and didn't call it a war.
Whenever some one in Congress thinks a War is a good Idea, they should be the first to go. I bet they would make a bigger effort to work things out at the conference table then. Easy to send some one else off to fight a war you started.
"Don't be particular bout nothin, but the company you keep"
-A state of war CAN exit w/o a declaration by Congress.
If another state declares war on us, or another country makes war on us, with or without a declaration of war on their part, then regardless of what Congress does, a state of war exixts.
-The President does not need a declaration of war before he can extercise his powers of the CinC.
There is absolutely NO constitutional limitation on the powers of the CinC, especially not one that -requires- that congress to declare war before said powers come into force.
And thus, while you are coorrect in that only Congress can decare war, this doe snto create the limitations you think it does.
Artilcle II Sec 8 doesnt exist. You, again, mean Article -I- sec 8.Any laws contrary to article II section 8 are unconstitutional
But, I agree -- the war powers act is Unconstitutional.
Last edited by Goobieman; 02-22-10 at 03:31 PM.
Abraham Lincoln used his war powers to declare the emancipation proclamation and free the slaves.
Roosevelt used his powers to intern japanese civilians in concentration camps during the WWII.
If we are under a truly legal declaration of war don't you think he would be using more of his supposed wartime powers?
BTW the cinc is a civilian.
The neo- cons would never allow the war powers act to be challenged in their supreme court.