bush does NOT need the Senate's assent to bomb Iran

[cali]

or Canada, for that matter. The Lieberman/Kyle amendment is deplorable, despicable, frightening, etc., It should be blocked, shredded, set afire. It would lend some "legitimacy" to any attack he launches, but he already has the authority.

I know most of you know this, but there seem to be a significant number of people who don't understand it.

[bryant69]

1. It's worth flagging up

Bombing isn't war in some weird way.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[mmonk]

2. Explain how he already has the authority.

According to the constitution, decisions to go to war against another country resides with the congress (no matter how much it has been bastardized in the past by "authorizations").

[alphafemale]

3. He was given a "blank check" years ago.

Congress voted, nearly unanimously as I recall, to allow him to do "Whatever he felt necessary" in combating terrorism. This probably around Oct/Nov of 2001.

There were a few that voted against this travesty. But not many.

[bryant69]

4. More than that - he does have the right to take short term military actions

even independent of that letter.

Bryant

[cali]

8. Right. And exceeding, I believe, 60 days,

he then has to go to Congress.

[mmonk]

7. Do you have the wording?

Maybe a link.

[cali]

10. Here are a couple of links.

http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution#Clause_1:_Command_of_military.3B_Opinions_of_cabinet_secretaries.3B_Pardons

http://en.wikipedia.org/wiki/War_Powers_Resolution

Here's the real meat of it, also from wiki:

American presidents often have not sought formal declarations of war, instead maintaining that they have the constitutional authority, as commander in chief (Article Two, Section Two) to use the military for "police actions".

In 1973, Congress passed the War Powers Resolution, which requires the president to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities. Its constitutionality has never settled.

Since World War II, Congress has formally authorized all the major military engagements that the US has undertaken. (Vietnam, Lebanon, Panama, Persian Gulf War, Afghanistan, and Iraq.)

Some legal scholars maintain that all military action taken without a Congressional declaration of war (regardless of the War Powers Resolution) is unconstitutional; however, the Supreme Court has never ruled directly on the matter.

There is also much debate about the meaning of the word "declare". Some scholars suggest that to declare war does not necessarily mean to commence war. During the Philadelphia Convention, there was some discussion about the difference between the power to "make war" and the power to "declare war", and which of the two should be written into the Constitution. A declaration of war lets the citizens of a nation know that they are now at war with some other nation or entity. It also puts the belligerent nations and their citizens on notice. More importantly, this establishes that international law governs the conduct of the war. This protects citizens in all the warring nations involved insofar as if they are captured by the enemy, they will be treated as prisoners-of-war instead of mere criminals.

http://en.wikipedia.org/wiki/War_Powers_Clause

[H2O Man]

11. It's generally true.

The executive has the ability to engage in short-term military actions that the president determines are needed for defensive purposes. That does not mean that the legislative branch is powerless, by definition.

Over the past few months, Mr. Matthews has asked several times if different members of congress felt Bush has the authority to bomb Iran and claim that this needed to be done to protect American interests in Iraq. He has also questioned if the congress has the will to take steps to limit the chances of that taking place.

[cali]

5. Article II, Section 2 of the Constitution an The War Powers

Act of 1973.

[mmonk]

12. Does not a certain hostility first have to have congressional approval

under article 1 unless we are attacked by that country? Then the presidency is appointed as commander in chief?

The purpose of the War Powers Resolution is to ensure that Congress and the President share in making decisions that may get the U.S. involved in hostilities. Portions of the War Powers Resolution require the President to consult with Congress prior to the start of any hostilities as well as regularly until U.S. armed forces are no longer engaged in hostilities (Sec. 3); and to remove U.S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days (Sec.. 5(b)). Following an official request by the President to Congress, the time limit can be extended by an additional 30 days (presumably when "unavoidable military necessity" requires additional action for a safe withdrawal).

[cali]

14. Regrettably, no.

"consult with Congress" is toothless. That could mean bushco calling up Harry and telling him the bombing starts in 14 minutes.

[LSK]

9. because nothing happens to him ever

Explain his authority to spy on Americans?????

[Solon]

6. That is correct, under the Constitution, the President can bomb Iran for 90 days, then ask....

Congress for a declaration of war and money for that war. Or something like that, anyways. To be frank, I really wish we could add a Constitutional Amendment that rewrites this provision to ONLY be allowed under very restricted provisions, such as repelling an invasion or insurrection.

[alphafemale]

13. What I'm thinking of is - AUMF Authorization of the Use of Military Force

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.



http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html