War Powers Act of 1973 and President Bush's authority

[Jimbo]

This is a link to the War Powers Act passed by Congress in 1973: http://www.cs.indiana.edu/statecraft/warpow.html

This is a link to the Declaration of National Emergency lawfully invoked by President Bush on 9/14/01:
http://www.whitehouse.gov/news/releases/2001/09/20010914-4.html

Below is the authorization of use of military force passed by congress:
http://thomas.loc.gov/cgi-bin/query/D?c107:2:./temp/~c107buVENZ::

Here is an excerpt from the above of which I have marked two significant phrases in bold:

"(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."

On a side note paragraph (c) of the following link is particularly interesting:

http://www4.law.cornell.edu/uscode/50/1541.html

It is my opinion that the current President of the USA has the required authority to send troops to Iraq and conduct warfare as he deems fit so long as he consults with Congress on a regular basis as specified in the War Powers Act of 1973.

Some of us may disagree on whether or not it is wise for the US to go to war in Iraq, but insofar as to whether or not the President is lawfully able to make this decision should not be in dispute.

[Jimbo]

I noticed that my link showing the Congressional resolution authorizing military force had a link that expired. Here is a copy of that resolution in toto:

S.J.Res.23
One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

Joint Resolution

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it


Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force'.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(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.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.
Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

[brad]

SEC. 5. (b)
Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

[adios]

Links to articles one and two of the US Constitution as well for those interested.

http://www.law.cornell.edu/constitution/constitution.articlei.html

http://www.law.cornell.edu/constitution/constitution.articleii.html

[brad]

so what u posted so far is insufficient to demonstrate bush authority, uusing your argument.

[Jimbo]

"so what u posted so far is insufficient to demonstrate bush authority, uusing your argument." How so Brad? It appears you merely skimmed and did not read all the required references as usual.

Perhaps this will help, notice the section in bold.

Sec. 1621. - Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation


(a)

With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.

(b)

Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect

(1)

only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and

(2)

only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter

[John Ho]

The resolution only authorized Bush to go after people regarding 9/11. Iraq has nothing to do with 9/11 despite what Bush says publically. In fact, I doubt whether he actually believes what he says in public. This is a way for him to avoid having a new resolution passed authorizing force against Iraq. By your interpretation, if Bush "decides" China and Russia had links to Al Quaeda he could start World War III. Sorry, this is not good enough for me.

You can spin this all you want but anyone looking impartially at this must realize Bush is overstepping his authority in this matter. You give a moron a blank check and he'll put as many zeros as he can.

[John Ho]

Since you're so freaked out about what happened on 9/11 and so confident in Bush why not save ourselves the trouble and declare him emperor?

Then he won't have to worry about stupid things like congressional approval for sending soldiers to die.

[Jimbo]

John I am not "freaked out" as you so quaintly put it. I was simply showing how irrational it is for you to dispute his authority. Just because you do not agree does not mean his authority is not lawful. I obeyed lawful orders from our Commander in Chief in the 70's whether I liked it or not. Others fled to Canada, some were imprisoned and many were killed. All this did not make it unlawful although it was a sad chapter in our history.

[brad]

so once bush declares emer. thats it forever?

i think its more likely congress votes extensions (but u didnt re: that) (but i could be wrong)

[adios]

"The resolution only authorized Bush to go after people regarding 9/11."

Nope. Congress specifically passed the War Powers Act approving military action against Iraq on October 11, 2002.

Text of War Powers granted for Iraq by Congress

http://www.cbsnews.com/stories/2002/10/10/attack/main525165.shtml


Story on it's passage

http://suffolkjournal.com/news/2002/pages/warpowers.htm

[brad]

http://www.informationclearinghouse.info/article1788.htm

DOE V BUSH SEEKS TO BAR BUSH FROM STARTING WAR ABSENT CONGRESSIONAL DECLARATION



[NOTE TO PRESS: A three-judge panel of the U.S. Court of Appeals for the First Circuit will hold oral argument on the plaintiffs’ appeal on Tuesday, March 4, at 9 a.m., at the U.S. Courthouse, 1 Courthouse Way, Boston. Plaintiffs and their attorneys will be available for interviews immediately following the court hearing.]