DesideriScuri
Posts: 12225
Joined: 1/18/2012
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quote:
ORIGINAL: mnottertail
What authority do we need, read your constitution pal, and your war powers act, as I told you in the other thread, and cite the language for that.
50 U.S.C. § 1541 - Purpose and policyquote:
(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
(a) "collective judgment" - both Legislative and Executive Branches will have a say. Both.
(c) Limitations to the President's ability to send in the troops
(c)(1) There is no DoW
(c)(2) There is no specific statutory authorization
(c)(3) There is no national emergency created by an attack upon the US, it's territories or possessions, or it's armed forces.
50 U.S.C. § 1543 - Reporting requirementquote:
(a) Written report; time of submission; circumstances necessitating submission; information reported
In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;
the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.
(a) implies that without a DoW, the President can send in the armed forces, but still has to be able to cite the Constitutional and legislative authority under which he is acting. While that only requires him to do so within 48 hours of military insertion, he still has to abide by 50 U.S.C. § 1541 (c)(2 or 3).
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What I support:
- A Conservative interpretation of the US Constitution
- Personal Responsibility
- Help for the truly needy
- Limited Government
- Consumption Tax (non-profit charities and food exempt)
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RE: Any minute now - 
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