At 03:50 PM 10/10/2002, Marc wrote: >Incidentally, while I'm against any war of aggression like the one >contemplated >by the US (as I see it), but I'd like to ask US constitutional experts >(amateur >or not, I mean those interested in constitutional affairs), if they feel >that the >legislation now up before the Senate would amount to a "declaration of >war" under >the US Constitution. It appears to give the president a kind of blank >cheque to >use violence if he sees fit. Is that the same as a declaration of war, or >is the >difference just nit-picking?
Although written by two flaming liberals <g>, probably the best book on this subject is, _To Chain The Dog Of War: The War Power Of Congress In History And Law_, by Francis D. Wormuth and Edwin B. Firmage. In the Constitutional Convention the original language concerning the war powers was changed from "Congress shall have the power to make" war to "Congress shall have the power to declare" war--the founders didn't want to leave the President helpless in repelling sudden invasions or putting down insurrections. Declarations of war are joint (House & Senate) resolutions or acts of Congress authorizing war or an act of war. In the U.S. there have been conditional declarations (ultimatums) and declarations pure and simple (which actually institute a state of war). There have also been two kinds of wars, what the courts call "perfect," or general war and "imperfect" or limited wars. The war against Tripoli in 1802 is an example of a limited war while the WWII declaration is an example of a perfect or general declaration of war. However, in the past all declarations of war produced by the U.S. Congress have always been addressed to known adversaries and never against unknown adversaries. -- Steven Montgomery [EMAIL PROTECTED] Explore Freedom: http://www.geocities.com/graymada ///////////////////////////////////////////////////////////////////////////// /// ZION LIST CHARTER: Please read it at /// /// http://www.zionsbest.com/charter.html /// ///////////////////////////////////////////////////////////////////////////// ==^================================================================ This email was sent to: [email protected] EASY UNSUBSCRIBE click here: http://topica.com/u/?aaP9AU.bWix1n Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
