Has anyone ever tried to challenge the war powers act on constitutional
grounds?  It is very specific in Article 1 Section 8 granting congress the
power "To declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water;"

It doesn't give them the ability to choose a proxy in this manner that I
have ever read.  From what I believe that such a fundamental change would
require an amendment which I am sure would not be forthcoming.

It is this kind of legislating, where they go right over the constitution
and are able to do so without challenge that bothers me most.

Timothy Heald 
Overseas Security Advisory Council 
U.S. Department of State 

"that the free Constitution, which is the work of your hands, may be
sacredly maintained" - George Washington, Farewell Address 1796



-----Original Message-----
From: samcfug [mailto:[EMAIL PROTECTED]
Sent: Friday, April 04, 2003 9:55 AM
To: CF-Community
Subject: Re: Liberate Iraq -- Even With Unclean Hands


It is called the "War Powers Act" which gives the President to wage war as
his
sole discretion for 90 days, after which he must receive congressional
approval
to continue.  While not explicitly titled "Declaration of War" or even a
resolution that a state of war exists, Congress has passed legislation
granting
funding for this war, as well as resolutions supporting the Administration,
which serves (I guess) as a substitute for a formal Declaration.

Therefore for all practical purposes a Declaration of War has been enacted
by
the Legislative branch.

P. S. I did not vote for the current president, and will never vote for him.


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