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Hagel discusses 2002 war resolution

 
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Mon Jan 29, 2007 4:16 pm    Post subject: Hagel discusses 2002 war resolution Reply with quote

http://men.style.com/gq/features/full?id=content_5326&pageNum=1

Quote:
Q: Do you wish you�d voted differently in October of 2002, when Congress had a chance to authorize or not authorize the invasion?

A: Have you read that resolution?

Q: I have.

A: It�s not quite the way it�s been framed by a lot of people, as a resolution to go to war. That�s not quite what the resolution said.

Q: It said, �to authorize the use of United States Armed Forces against Iraq.�

A: In the event that all other options failed. So it�s not as simple as �I voted for the war.� That wasn�t the resolution.

Q:But there was a decision whether to grant the president that authority or not.

A: Exactly right. And if you recall, the White House had announced that they didn�t need that authority from Congress.

Q: Which they seem to say about a lot of things.

A: That�s right. Mr. [Alberto] Gonzales was the president�s counsel at that time, and he wrote a memo to the president saying, �You have all the powers that you need.� So I called Andy Card, who was then the chief of staff, and said, �Andy, I don�t think you have a shred of ground to stand on, but more to the point, why would a president seriously consider taking a nation to war without Congress being with him?� So a few of us�Joe Biden, Dick Lugar, and I�were invited into discussions with the White House.

Q: It�s incredible that you had to ask for that.

A: It is incredible. That�s what I said to Andy Card. Said it to Powell, said it to Rice. Might have even said it to the president. And finally, begrudgingly, they sent over a resolution for Congress to approve. Well, it was astounding. It said they could go anywhere in the region.

Q: It wasn�t specific to Iraq?

A: Oh no. It said the whole region! They could go into Greece or anywhere. I mean, is Central Asia in the region? I suppose! Sure as hell it was clear they meant the whole Middle East. It was anything they wanted. It was literally anything. No boundaries. No restrictions.

Q: They expected Congress to let them start a war anywhere they wanted in the Middle East?

A: Yes. Yes. Wide open. We had to rewrite it. Joe Biden, Dick Lugar, and I stripped the language that the White House had set up, and put our language in it.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Mon Jan 29, 2007 6:29 pm    Post subject: Reply with quote

On Congressional War Powers.

Article I Section 8 (The Constitution of the United States)

"The Congress shall have Power 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;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;....."

On Executive War Powers

Article II Section 2

"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;..."

http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/warandtreaty.htm

On Founding Fathers War Powers

http://warandlaw.homestead.com/files/foundin2.html

On Lincoln War Powers

"Hence, Lincoln regarded the Civil War, from the viewpoint of law, strictly as a local insurrection, rather than a declared war between two sovereign and equal nations."

http://www.bookrags.com/research/lincoln-abraham-aaw-02/

I believe FDR stated in his day of infamy speech that "a state of war exists between the United States and Japan", having received such declaration from Japan and before Congress made a formal declaration, and Germany also declared war on the US before congress had a chance to do likewise.

Only five wars have ever had an established "Declaration of War" by congress, The War of 1812, The Mexican-American War, The Spanish-American War, WWI, WWII (Eleven separate declarations for each enemy nation).

The Civil War (War Between the States) was considered an insurrection.

Jefferson's Barbary War was accepted as a state of war as Morrocco,
Tunis and Algiers all committed "act of war" against interests of the US.
This is seen as the precedence for the executive, "Commander in Chief" war powers by many observers.

In the end the use of the Military in the defense of our National Interest by the Commander in Chief can be limited by the Congress, the lack of a formal Declaration of War does not in and of itself limit the executive war powers.

cbc
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Mon Jan 29, 2007 9:09 pm    Post subject: Reply with quote

anyhoo. I read the whole article. I like Hegel, and he seems pretty bright, other than his defense for the war on drugs. He had a weak argument (it's the law, which needs to be followed, and drugs ruin people).
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