Hmmm...

Gato_Solo

Gato_Solo

Out-freaking-standing OTC member
“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.”
Click to expand...

So why is this quoted here? Because it's part of this. Waiting for the glaze to come over the anti-link crowd...
 
Ya know, this initially bothered me off. Then I realized that a (D) put Americans of Japanese ancestry into what amouts to as prison camps because 5-10% of them may have worked for the enemy. As horrendous as that seems, it made sense at the time & looking back it still makes sense.

Would I suggest that action for Muslims? No. Why? Because we have advanced surveillance techniques.

Now, let us catch a President or other official doing that during peace time & there should be hell to pay.
 
Gonz said:
Ya know, this initially bothered me off. Then I realized that a (D) put Americans of Japanese ancestry into what amouts to as prison camps because 5-10% of them may have worked for the enemy. As horrendous as that seems, it made sense at the time & looking back it still makes sense.

Would I suggest that action for Muslims? No. Why? Because we have advanced surveillance techniques.

Now, let us catch a President or other official doing that during peace time & there should be hell to pay.
Click to expand...

According to the US Constitution, we are not at war, as a formal declaration has not been announced. It may seem to be a fine line...and it is...but declaring war is a temporary usurpment of the US Constitution, and should not be taken lightly.
 
Gonz said:
Yes they did...Warpowers Act thread at Xi.

The Constitution does not describe any marticular manner in which we must declare war & neither does the War Powers Act.
Click to expand...

An authorization of force is not a declaration of war. Congress was very careful not to use that term, too.
 
You say tomato, Snp says tater ;)

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution
Click to expand...
 
Gonz said:
You say tomato, Snp says tater ;)

[/b]
Click to expand...

But the phrase "Declaration of War" is not used. Just the
statutory authorization within the meaning of section 5(b) of the War Powers Resolution
Click to expand...
...in other words, it permits the use of the DoD in a military sense, but does not formally declare a war.
 
They are not required to to say "Declaration of War". Any time Congress authorizes the use of force, as per teh US Constitution, it is a declaration of war.

Article 1, Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

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

That's the extent of it.
 
Gonz said:
They are not required to to say "Declaration of War". Any time Congress authorizes the use of force, as per teh US Constitution, it is a declaration of war.
Click to expand...

Actually, they are supposed to use those terms. The only reason the War Powers Act came into being was the fact that the President used troops 'willy-nilly' in the Vietnam action (which, BTW, was not technically a war). If it was a formal declaration of war then the President could've used executive orders to bypass any and all federal elections, contract private businesses for the war effort, and imposed a draft without going through congress for approval.
 
The War Powers Act was a way for the Congress to get out of their duties while allowing a war to be carried out. There is no pre-set form for a declaration so almost anything works.
 
Gonz said:
The War Powers Act was a way for the Congress to get out of their duties while allowing a war to be carried out. There is no pre-set form for a declaration so almost anything works.
Click to expand...

Au contraire, mon frere...

JOINT RESOLUTION Declaring that a state of war exists between the Imperial Government of Japan and the Government and the people of the United States and making provisions to prosecute the same.

Whereas the Imperial Government of Japan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.

Approved, December 8, 1941, 4:10 p.m. E.S.T.
Click to expand...

Notice the difference?
 
No
the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution
Click to expand...

wusses will never go so far as
hereby formally declared
Click to expand...
again.
 
Which is why it's not a formal declaration. They don't want to relenquish any of their power, so they water down the legislation to an 'almost' war. In other words...it's just authorization to use force, and not a war, where the President speaks, and the people obey, whether they like it, or not.
 
You must log in or register to reply here.
Back
Top