Arugmentation (Was: Re: [PLUG-TALK] Fair Use, etc.)

Jeme A Brelin jeme at brelin.net
Wed Apr 3 02:57:31 UTC 2002


On Tue, 2 Apr 2002, J.A. Henshaw wrote:
> J.A. Henshaw wrote:

> I suppose those dead Afghanis are laboring under the false belief that
> they are dead because Bush didn't declare war also?

Bush doesn't have the power to declare war.  Only Congress has that power.

> How about Vietnam? Kosovo? Was there an official declaration?

Nope.  The U.S. has only declared war five times in history and yet has
been involved in over 100 overseas military conflicts.

> By the way, I have already provided cites proving the War Powers act
> is in effect, so why don't you show me how that assumption is
> incorrect?

You're not incorrect, but the 1973 War Powers Act only controls the
President's ability to direct the military in situations that could lead
to war.

The War Powers Act requires the President to get permission from Congress
before taking certain actions with the U.S. military (like deploying
troops overseas for more than 60 days, etc.).

On 14 September, 2001, Congress passed a resolution granting the President
sweeping powers to use military force in a broad and general way overseas
to a vague and ill-considered end.

A formal declaration of war was never put forward after that because it
has been deemed "unnecessary" by Congress since the September 14th
resultion wsa so broad that it includes any military action the President
might reasonably take in Afghanistan.  However, since it is NOT a
declaration of war and does NOT include a provision for a declaration of
dometic martial law, for the puposes of interpreting the law, we are not
at war.  This is an extended executive action using war powers, but not
war.  The law is very clear on this subject.

Now, I won't disagree that organizations such as FEMA have extremely broad
power when a "state of emergency" is declared in a region and rights can
be suspended and all that, but no such state exists here in Oregon at this
time so all that hullaballoo about martial law and military courts is
simply not in effect.

J.
-- 
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     Jeme A Brelin
    jeme at brelin.net
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