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Originally posted by Kali74
How is what the ACLU posted any different than what the President already has authority to do courtesy of 9/11 and the War on Terror?
-Military force could even be used within the United States and against American citizens.
-There is no specific objective for the new Declaration of War, which means that there is no clear criteria after which the President’s authority to use military force would expire.
----------------------------------------
Originally posted by sonnny1
reply to post by alexhiggins732
SOMEONE FLAGGED THIS????
REALLY????
Originally posted by johngrissom
I looked and read and saw sources...pretty well cited blog.
That none of you cared to look at.
As far as WW3...unlikely.
My opinion....there will never be another war like the previous 2.
Originally posted by Konah
Awesome. War Powers Resolution on crack.
I just read my email about this from the ACLU. Seems like Congress wants to sneak this in as a rider, which isn't at all surprising.
The ACLU has a pre-written letter that you can just copy-pasta to mail your representatives. I've had each of my family members (four of us) email our Congressmen and will be mailing hard copies tomorrow... there really isn't much else to do besides spread the word.
Why should you care and do something?
-Military force could even be used within the United States and against American citizens.
-There is no specific objective for the new Declaration of War, which means that there is no clear criteria after which the President’s authority to use military force would expire.
I am really getting ticked off at Congress; what's the point in three branches of government when two of them cede their powers to the third?
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
Jennifer K. Elsea
Legislative Attorney
Richard F. Grimmett
Specialist in International Security
March 17, 2011
Congressional Research Service
7-5700
www.crs.gov
RL31133
Summary
From the Washington Administration to the present, Congress and the President have enacted 11 separate formal declarations of war against foreign nations in five different wars. Each declaration has been preceded by a presidential request either in writing or in person before a joint session of Congress. The reasons cited in justification for the requests have included armed attacks on United States territory or its citizens and threats to United States rights or interests as a sovereign nation.
Congress and the President have also enacted authorizations for the use of force rather than formal declarations of war. Such measures have generally authorized the use of force against either a named country or unnamed hostile nations in a given region. In most cases, the President has requested the authority, but Congress has sometimes given the President less than what he asked for. Not all authorizations for the use of force have resulted in actual combat. Both declarations and authorizations require the signature of the President in order to become law.
In contrast to an authorization, a declaration of war in itself creates a state of war under international law and legitimates the killing of enemy combatants, the seizure of enemy property, and the apprehension of enemy aliens. While a formal declaration was once deemed a necessary legal prerequisite to war and was thought to terminate diplomatic and commercial relations and most treaties between the combatants, declarations have fallen into disuse since World War II.
The laws of war, such as the Hague and Geneva Conventions, apply to circumstances of armed conflict whether or not a formal declaration or authorization was issued.
With respect to domestic law, a declaration of war automatically triggers many standby statutory authorities conferring special powers on the President with respect to the military, foreign trade, transportation, communications, manufacturing, alien enemies, etc.
In contrast, no standby authorities appear to be triggered automatically by an authorization for the use of force, although the executive branch has argued, with varying success, that the authorization to use force in response to the terrorist attacks of 2001 provided a statutory exception to certain statutory prohibitions.
Most statutory standby authorities do not expressly require a declaration of war to be actualized but can be triggered by a declaration of national emergency or simply by the existence of a state of war; however, courts have sometimes construed the word “war” in a statute as implying a formal declaration, leading Congress to enact clarifying amendments in two cases. Declarations of war and authorizations for the use of force waive the time limitations otherwise applicable to the use of force imposed by the War Powers Resolution.
This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution. The report will be updated as circumstances warrant.
Originally posted by Kali74
reply to post by manta78
In other words it's not a bill right? lol
Originally posted by sonnny1
reply to post by alexhiggins732
This isnt breaking news. The Patriot Act circumvents the Constitution. Perpetual wars? We are in three unconstitutional wars as we speak,and we havnt declared war on ANYONE since WW2,but have been in countless wars. I goggled "Congress Will Vote To Declare World War 3",and you are spreading this on countless sites. "A" for effort,but none of this is breaking news,IMHO. When you talk WW3,your talking the WHOLE "world" involved. I havnt heard of ANY other nation, backing this,or getting involved in this.
Originally posted by johngrissom
I looked and read and saw sources...pretty well cited blog.
That none of you cared to look at.
As far as WW3...unlikely.
My opinion....there will never be another war like the previous 2.
Originally posted by alexhiggins732
Originally posted by sonnny1
reply to post by alexhiggins732
This isnt breaking news. The Patriot Act circumvents the Constitution. Perpetual wars? We are in three unconstitutional wars as we speak,and we havnt declared war on ANYONE since WW2,but have been in countless wars. I goggled "Congress Will Vote To Declare World War 3",and you are spreading this on countless sites. "A" for effort,but none of this is breaking news,IMHO. When you talk WW3,your talking the WHOLE "world" involved. I havnt heard of ANY other nation, backing this,or getting involved in this.
Unilateral Military Action!! The US is declaring a perpetual, permanent war on all nations, organizations and persons and the president will have the authority to attack, at will, just like the Osama Bin Laden Assassination raid.
It is only a matter of time before activists and political dissents are targeted for military actions. As I point out they are already spying on and putting peaceful activists exercising their first amendment rights on terrorist watch lists.
Originally posted by sonnny1
reply to post by alexhiggins732
This isnt breaking news. The Patriot Act circumvents the Constitution. Perpetual wars? We are in three unconstitutional wars as we speak,and we havnt declared war on ANYONE since WW2,but have been in countless wars. I goggled "Congress Will Vote To Declare World War 3",and you are spreading this on countless sites. "A" for effort,but none of this is breaking news,IMHO. When you talk WW3,your talking the WHOLE "world" involved. I havnt heard of ANY other nation, backing this,or getting involved in this.
Originally posted by sonnny1
Originally posted by alexhiggins732
Originally posted by sonnny1
reply to post by alexhiggins732
This isnt breaking news. The Patriot Act circumvents the Constitution. Perpetual wars? We are in three unconstitutional wars as we speak,and we havnt declared war on ANYONE since WW2,but have been in countless wars. I goggled "Congress Will Vote To Declare World War 3",and you are spreading this on countless sites. "A" for effort,but none of this is breaking news,IMHO. When you talk WW3,your talking the WHOLE "world" involved. I havnt heard of ANY other nation, backing this,or getting involved in this.
Unilateral Military Action!! The US is declaring a perpetual, permanent war on all nations, organizations and persons and the president will have the authority to attack, at will, just like the Osama Bin Laden Assassination raid.
It is only a matter of time before activists and political dissents are targeted for military actions. As I point out they are already spying on and putting peaceful activists exercising their first amendment rights on terrorist watch lists.
But like I said,THIS IS NEW? This hasnt been done before? Did the American public stand up to the Patriot Act? Please,I call "sensationalism" on this. Would also like to see the bill..........Just check your history Alex. We fight in unconstitutional wars,have been involved in operations around the world,for the last 100 years.No need to make a "bill" up. Wonder how many CIA backed wars we have been in on? Sorry brother. This is sensationalism at its finest.
American Civil Liberties Union
Appeal for Justice
Brave New Foundation
Center for Constitutional Rights
CREDO Action
Defending Dissent Foundation
High Road for Human Rights
Human Rights First
International Justice Network
Just Foreign Policy
Leadership Conference of Women Religious
MoveOn.org
Muslim Public Affairs Council
New Security Action
Pax Christi USA
Peace Action
Physicians for Human Rights
Psychologists for Social Responsibility
Shalom Center
Unitarian Universalist Association of Congregations
United Methodist Church, General Board of Church and Society
USAction
Win Without War