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RE: Iran - 2/20/2007 4:37:18 PM   
cyberdude611


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quote:

ORIGINAL: farglebargle


quote:

ORIGINAL: cyberdude611

quote:

ORIGINAL: farglebargle

So, you see the essential difference between the intention of a PERMANENT Navy, and an Army which only exists for a limited period, as needed per a Congressional Declaration of War.



Constitutional scholars are in debate over this.


Not really. Constitutional Scholars are pretty much in agreement it says what it says. The authors took their time and wrote exactly what they meant.

WEASELS who don't like what the Constitution clearly says pretend there is any debate.





So the 113 combat missions that US Presidents sent our armed forces on without approval of congress were all unconstitutional?

(in reply to farglebargle)
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RE: Iran - 2/20/2007 4:49:30 PM   
farglebargle


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"So the 113 combat missions that US Presidents sent our armed forces on without approval of congress were all unconstitutional?"

Article 1 Section 8, reserves Declarations of War to the Congress. I wonder where the money came from for those expeditions, without allocations from Congress?

Not only Unconstitutional, Fraudulent, due to the use of monies apportioned for other purposes being diverted by The Executive for combat and planning WITHOUT oversight, approval, or funding by Congress.





_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to cyberdude611)
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RE: Iran - 2/20/2007 5:03:17 PM   
gandalf0297


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I really hate to tell you this dudes.It's already started.

_____________________________

"The best things cannot be said. The second best are misunderstood." (Joseph Campbell.)

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RE: Iran - 2/20/2007 5:45:08 PM   
farglebargle


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quote:

ORIGINAL: gandalf0297

I really hate to tell you this dudes.It's already started.


Well, no shit.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to gandalf0297)
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RE: Iran - 2/20/2007 5:56:58 PM   
cyberdude611


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quote:

ORIGINAL: farglebargle

"So the 113 combat missions that US Presidents sent our armed forces on without approval of congress were all unconstitutional?"

Article 1 Section 8, reserves Declarations of War to the Congress. I wonder where the money came from for those expeditions, without allocations from Congress?

Not only Unconstitutional, Fraudulent, due to the use of monies apportioned for other purposes being diverted by The Executive for combat and planning WITHOUT oversight, approval, or funding by Congress.



Dont quote me on this, but I think the extra money comes from just padding on the national debt. Plus the Pentagon budget is about $400 billion a year. I am sure they can scrape up a few billion for some extracurricular activities. Congress can pull the funding, but they have never done that before and the consequences for pulling out the rug may put the country in even greater danger than letting the war play out.

(in reply to farglebargle)
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RE: Iran - 2/20/2007 7:20:36 PM   
farglebargle


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quote:

ORIGINAL: cyberdude611

quote:

ORIGINAL: farglebargle

"So the 113 combat missions that US Presidents sent our armed forces on without approval of congress were all unconstitutional?"

Article 1 Section 8, reserves Declarations of War to the Congress. I wonder where the money came from for those expeditions, without allocations from Congress?

Not only Unconstitutional, Fraudulent, due to the use of monies apportioned for other purposes being diverted by The Executive for combat and planning WITHOUT oversight, approval, or funding by Congress.



Dont quote me on this, but I think the extra money comes from just padding on the national debt. Plus the Pentagon budget is about $400 billion a year. I am sure they can scrape up a few billion for some extracurricular activities. Congress can pull the funding, but they have never done that before and the consequences for pulling out the rug may put the country in even greater danger than letting the war play out.


...
From the AP:
quote:


A US soldier was killed Tuesday in fighting in the volatile Anbar province, the military said.

The soldier assigned to Multi-National Force - West was killed while conducting combat operations in the insurgent stronghold west of Baghdad, according to a statement.

Another American soldier assigned to the Multi-National Division died Sunday of a non-combat cause, the military said Tuesday in a separate statement. It did not provide more details.


TWO MORE DEAD SOLDIERS. DEAD TODAY, because YOU did not bring them home, safely Saturday.

How long will you leave soldiers in Iraq to die tomorrow?

How many dead until you are satisfied with the failure?



< Message edited by farglebargle -- 2/20/2007 7:23:23 PM >


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to cyberdude611)
Profile   Post #: 26
RE: Iran - 2/20/2007 7:26:34 PM   
Sternhand4


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quote:

ORIGINAL: farglebargle

"So the 113 combat missions that US Presidents sent our armed forces on without approval of congress were all unconstitutional?"

Article 1 Section 8, reserves Declarations of War to the Congress. I wonder where the money came from for those expeditions, without allocations from Congress?

Not only Unconstitutional, Fraudulent, due to the use of monies apportioned for other purposes being diverted by The Executive for combat and planning WITHOUT oversight, approval, or funding by Congress.



Ok I'll throw the bullshit flag..

Q108. "Who has the power to declare war?"
A. There is a short answer and a much longer answer. The short answer is that the Constitution clearly grants the Congress the power to declare war, in Article 1, Section 8. This power is not shared with anyone, including the President.
The President, however, is just as clearly made the Commander in Chief of all of the armed forces, in Article 2, Section 2. In this role, the President has the ability to defend the nation or to take military action without involving the Congress directly, and the President's role as "C-in-C" is often part of the reason for that.
What this has resulted in is the essential ability of the President to order forces into hostilities to repel invasion or counter an attack, without a formal declaration of war. The conduct of war is the domain of the President.
These two distinct roles, that of the Congress and that of the President, bring up the interesting and important questions: can the United States be "at war" without a declaration of war? If we can, then what is the point of a declaration? If not, then what do we call hostilities without a formal declaration?
The question of the need for a declaration of war dates all the way back to the presidency of Thomas Jefferson. Jefferson sent a squadron of warships to the Mediterranean to protect U.S. shipping against the forces of the Bey of Tripoli. Jefferson's instructions to the squadron were that they act in a defensive manner only, with a strictly defined order of battle. When a Tripolitan cruiser shot at a U.S. ship, the U.S. forces seized the ship, disarmed it, and released it. Jefferson's message to Congress on the incident indicated that he felt the acts to be within constitutional bounds. Alexander Hamilton wrote to Congress and espoused his belief that since the United States did not start the conflict, the United States was in a state of war, and no formal declaration was needed to conduct war actions. Congress authorized Jefferson's acts without declaring war on the Bey.
Not all acts of war, however, need place the United States into a state of war. It is without doubt an act of war to fire upon a warship of another nation. In 1967, during the Six Day War, Israel attacked the USS Liberty, an intelligence ship operating off the Sinai coast. But the United States did not react as though it were at war, even though many considered the attack deliberate (both Israel and the U.S. later determined the attack to have been a mistake caused by the cloud of war).
It may be correct to say, then, that an act or war committed against the United States can place the United States into a state of war, if the United States wishes to see the act in that light. A declaration of war by the Congress places the Unites States at war without any doubt. Absent a declaration of war, the President can react to acts of war in an expedient fashion as he sees fit.

(in reply to farglebargle)
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RE: Iran - 2/20/2007 7:35:01 PM   
farglebargle


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quote:


"The President, however, is just as clearly made the Commander in Chief of all of the armed forces, in Article 2, Section 2."


Correct. The Constitution says that.

quote:


"In this role, the President has the ability to defend the nation or to take military action without involving the Congress directly, and the President's role as "C-in-C" is often part of the reason for that. "


THE CONSTITUTION DOES NOT SAY THAT.

Here's A2S2:

quote:


The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.


Now, considering the detailed enumeration of Congress' powers in A1S8, we can see by the enumeration of very few things, that the executive office is quite limited. Which, given the State-Centric nature of a Constitutional REPUBLIC ( Where the Federal Government is essentially impotent ) makes sense.

WHY do people forget that the Federal aspect of Constitutional Republics is BOTH The People's Bitch AND The State's Bitch. Maybe with the 17th Amendment?

quote:


GONZALES: 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.


< Message edited by farglebargle -- 2/20/2007 7:38:31 PM >


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Sternhand4)
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RE: Iran - 2/20/2007 8:29:28 PM   
cyberdude611


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Of course everyone is forgetting that Iran may shoot first. In that case, the issue is moot. Some say that Iran has already shot first.

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RE: Iran - 2/20/2007 8:48:19 PM   
farglebargle


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Yeah, but after the whole fraud with Iraq, who really believes *anything* the Bush Administration says?



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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RE: Iran - 2/20/2007 9:45:08 PM   
cyberdude611


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quote:

ORIGINAL: farglebargle

Yeah, but after the whole fraud with Iraq, who really believes *anything* the Bush Administration says?



Im more interested in seeing the evidence before making judgement.

But I doubt there will be war right off the bat. First there will be sanctions. Then an embarrgo. By then we hope Ahmadinejad gets the idea to knock it off before he starts a war.
The UN Security Council is already angry at him for not following through with the IAEA's requirements. And some of his opponents in his country are starting to give him some heat.

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RE: Iran - 2/20/2007 9:56:27 PM   
MasterKalif


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This is shameful....I despise the backwards regime in Tehran, and if up to me to play God, the Shah would be right back there....however what the US is doing in promoting a war against Iran is shameful and will finish destroying what little credibility the United States has as a power in the world....how can Bush seeing the chaos and destruction brought by his doing in Iraq have the face, the shamelesness to promote another war for American soldiers to die (not even for a fair cause) and for innocent Iranians who just want to live their life in peace....

The United States has strayed too far from the founding father's original plan...it might be good for Bush to re-read their views and understand what the United States was all about.

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RE: Iran - 2/20/2007 10:41:17 PM   
cyberdude611


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quote:

ORIGINAL: MasterKalif

This is shameful....I despise the backwards regime in Tehran, and if up to me to play God, the Shah would be right back there....however what the US is doing in promoting a war against Iran is shameful and will finish destroying what little credibility the United States has as a power in the world....how can Bush seeing the chaos and destruction brought by his doing in Iraq have the face, the shamelesness to promote another war for American soldiers to die (not even for a fair cause) and for innocent Iranians who just want to live their life in peace....

The United States has strayed too far from the founding father's original plan...it might be good for Bush to re-read their views and understand what the United States was all about.


Iran may not be at peace much longer whether the US is involved or not. Israel has stated that they will not allow Iran to possess nuclear weapons and will take pre-emptive strikes if Iran tests a nuclear device.

Iran's population is also a question mark. 70% of the population is under age 30. And most of the youth is not all that happy with the extremist government currently in power. In fact, some well placed bombs combined with an uprising could crash the government and spark revolution. That would be a risky strategy to take, but it is something that could possibly happen 10-20 years down the road as the younger generation begins to move into power.

Ahmadinejad is insane in my opinion. This is a guy that has said his ultimate goal is the destruction of Israel. And he claims the Holocaust is a jewish conspiracy and never occured. I dont trust the guy and I do think he will start a war one way or another. The Supreme Leader of Iran also stated that the destruction of Israel will occur. You can bash Israel all you want, but when the leaders of another country are developing nukes and talking about their destruction...I can't blame Israel for being concerned.

(in reply to MasterKalif)
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RE: Iran - 2/21/2007 1:27:17 AM   
meatcleaver


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quote:

ORIGINAL: cyberdude611


Iran may not be at peace much longer whether the US is involved or not. Israel has stated that they will not allow Iran to possess nuclear weapons and will take pre-emptive strikes if Iran tests a nuclear device.

Iran's population is also a question mark. 70% of the population is under age 30. And most of the youth is not all that happy with the extremist government currently in power. In fact, some well placed bombs combined with an uprising could crash the government and spark revolution. That would be a risky strategy to take, but it is something that could possibly happen 10-20 years down the road as the younger generation begins to move into power.

Ahmadinejad is insane in my opinion. This is a guy that has said his ultimate goal is the destruction of Israel. And he claims the Holocaust is a jewish conspiracy and never occured. I dont trust the guy and I do think he will start a war one way or another. The Supreme Leader of Iran also stated that the destruction of Israel will occur. You can bash Israel all you want, but when the leaders of another country are developing nukes and talking about their destruction...I can't blame Israel for being concerned.


When was the last time Iran started a war?

When was the last time the USA or Israel started a war?

Yeah, we really know who the dangers to world peace are don't we.

The problem with many flag waving Americans is their fucked up logic. Their liar president says a country who has yet to attack anyone is a danger to world peace and blindly believe him while not recognizing the country that attacks most countries is their own. They claim a country that hasn't got any nukes and no one knows if they are really after nukes (it might be a peaceful project) is going to destroy Isreal. Now let's look at Israel, it HAS NUKES, it also has the 4TH BIGGEST MILITARY in the world. Bascially those Americans advocating attacks on Iran are dangerous idiots, they are really just smarting from being kicked out of Iran 25 years ago.

As for Israel being willing to bomb Iran, it can only bomb Iran with the USA's blessing because the USA has to supply it with codes so the world will know who is ultimately behind such an attack. As for Ahmadinejad's rhetoric, anyone who takes a little interest in objective reporting knows that most Iranians and most of the clerics are angry and dod not support him and that he is a politician on the wane. You should listen to the rhetoric coming out of Washington sometimes, it is just as vile and vitriolic.

Americans really ought to be more concerned about China and India. Many countries are already prefering to deal with these two countries than the USA because of US bullying. Another imperial war will only make China look even more attractive.

_____________________________

There are fascists who consider themselves humanitarians, like cannibals on a health kick, eating only vegetarians.

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RE: Iran - 2/21/2007 6:53:49 AM   
farglebargle


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quote:

ORIGINAL: cyberdude611

quote:

ORIGINAL: farglebargle

Yeah, but after the whole fraud with Iraq, who really believes *anything* the Bush Administration says?



Im more interested in seeing the evidence before making judgement.

But I doubt there will be war right off the bat. First there will be sanctions. Then an embarrgo. By then we hope Ahmadinejad gets the idea to knock it off before he starts a war.
The UN Security Council is already angry at him for not following through with the IAEA's requirements. And some of his opponents in his country are starting to give him some heat.


Frankly, Fuck the IAEA. And isn't using the UN as an excuse disingenous after dissing them for Oil-For-Food, etc?

Anyone seeing how how Iraq went down, has learned that FACTS don't matter a whole lot to the United States.

Wasn't Doug Feiths whole job to sit in the Pentagon and make up lies to promote Bush's agenda of war against Iraq?

Iran has a SOVEREIGN RIGHT to do whatever the hell they want to within their borders. And everyone else can go fuck themselves.

Or maybe you want the Chinese Communists to start telling us that we need to disarm?

That's the price of FREEDOM and LIBERTY. Being BRAVE enough to accept the risks of other people having it.

And it doesn't look like the US is brave enough.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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RE: Iran - 2/21/2007 6:58:54 AM   
farglebargle


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quote:



When was the last time Iran started a war?


I was going to say 1980, but that's incorrect. Iraq ( With US assistance, funding and weapons ) struck Iran first.

quote:


When was the last time the USA or Israel started a war?


USA: March, 2003. Actually Fall of 2002.

Israel: Invasion of Lebanon last year? I dunno.


< Message edited by farglebargle -- 2/21/2007 6:59:40 AM >


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to meatcleaver)
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RE: Iran - 2/21/2007 7:00:41 AM   
thompsonx


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quote:

ORIGINAL: cyberdude611

Of course everyone is forgetting that Iran may shoot first. In that case, the issue is moot. Some say that Iran has already shot first.


cyberdude611:
Was'nt that what got us into WWII?  The "dirty rotten Japs" attacked us without provocation.  Of course the actions of Claire Chenault's thugs could never be constured as an attack on Japan.
thompson

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RE: Iran - 2/21/2007 8:30:39 AM   
MasterKalif


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quote:

ORIGINAL: cyberdude611
Iran may not be at peace much longer whether the US is involved or not. Israel has stated that they will not allow Iran to possess nuclear weapons and will take pre-emptive strikes if Iran tests a nuclear device.

Iran's population is also a question mark. 70% of the population is under age 30. And most of the youth is not all that happy with the extremist government currently in power. In fact, some well placed bombs combined with an uprising could crash the government and spark revolution. That would be a risky strategy to take, but it is something that could possibly happen 10-20 years down the road as the younger generation begins to move into power.

Ahmadinejad is insane in my opinion. This is a guy that has said his ultimate goal is the destruction of Israel. And he claims the Holocaust is a jewish conspiracy and never occured. I dont trust the guy and I do think he will start a war one way or another. The Supreme Leader of Iran also stated that the destruction of Israel will occur. You can bash Israel all you want, but when the leaders of another country are developing nukes and talking about their destruction...I can't blame Israel for being concerned.


cyberdude611, Israel is a far more destabilizing force than Iran is at the moment....Iran having nukes will make things more balanced int he region for a while...The US needs to stop supporting Israel in my opinion as Israel is not even an unconditional ally of the United States, and has drawn the US away from its interests in the region, which has only benefited Israel.

I am not sure on what you base your judgement to say that a few bombs and a few CIA-recreated "uprising" will necessarily topple a regime led by the Ayatollah's....maybe you forgot how they were willing to kill anyone opposing the "revolution"? What makes you think they would be less willing to do so now if their hold on power became precarious? The younger generation unfortunately has only experienced life under the circumstances dictated by the Ayatollah's and as such may not be aware of how good Iran was before, or how life can be that different without them in power.

While not siding with Ahmadinejad, the "western" press mislabeled his speech widely as he never said he advocated for the "destruction" of Israel, but was showing the dangers Israel posed to Iran....this misconstrued view has led to be used as base to attack Iran and for Washington to support a war against the Iranian people (we know in such wars its not the regime or the members of the govenrment who suffer, but common people). Granted however, that Ahmadinejad is a "populist demagogue" and is making Iran take too much heat when its not necessary knowing how touchy and gun-ho the Washington government is right now.

Then maybe Iran is Israel's problem, and it should not be the problem of the United States...

(in reply to cyberdude611)
Profile   Post #: 38
RE: Iran - 2/21/2007 9:10:44 AM   
FirmhandKY


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Earlier post from a similar discussion:

Article I. - The Legislative Branch


Section 8 - Powers of Congress

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

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

...

Article II. - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors,

Pertinent additional information:

Reprisal:  An act taken by a nation, short of war, to gain redress for an action taken against that nation.

Letter of Marque: A letter of marque was issued by a nation to a privateer or mercenary to act on the behalf of that nation for the purpose of retaliating against another nation for some wrong, such as a border incursion or seizure.

Foreign Policy is vested in the President as part of his executive duties and responsiblities:  Long, detailed link covering the legalities of this since the adoption of the Constitution.

***
Discussion:

Case 1:

A declaration of war allows the President to execute the war up to the point of replacing the belligerent government.

Case 2:

The founders envisioned operations other than declared war with armed US soldiers and ships, and specifically mentioned some of them.

The Executive powers of declaring war and issuing letters of marquee and reprisal are some of the few executive powers expressly reserved to the Congress. 

All others not enumerated for the Congress, including foreign policy are  powers that the President has by the inherent right of the executive power vested in him.

Replacing a hostile foreign government, or a government which damages US interest short of a declaration of war is part of foreign policy, is therefore within Presidential authorization ...

... as is the use of military force short of a declaration of war.

Many constitutional scholars through-out history, including Democratic ones, adhere to the above understanding of US constitutional law.

Saying otherwise is out of ignorance, or simply political gamesmanship.

FirmKY

_____________________________

Some people are just idiots.

(in reply to farglebargle)
Profile   Post #: 39
RE: Iran - 2/21/2007 9:22:48 AM   
farglebargle


Posts: 10715
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From: Albany, NY
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quote:


The Executive powers of declaring war and issuing letters of marquee and reprisal are some of the few executive powers expressly reserved to the Congress.


If they're reserved for Congress, why do you call them Executive Powers? That makes no sense at all.

quote:


All others not enumerated for the Congress, including foreign policy are powers that the President has by the inherent right of the executive power vested in him.


UH... All power not enumerated are reserved by THE PEOPLE and THE STATES. Or did you forget the 9th and 10th Amendment.

There is no "Inherent Right" It's EXPLICITLY delegated or it is RESERVED by The People.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to FirmhandKY)
Profile   Post #: 40
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