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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:31 PM
Original message
Obama: "The President does not have the power
under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."

This is an exact quote from candidate Obama in December 2007

Hillary Clinton said, in http://www.boston.com/news/politics/2008/specials/CandidateQA/ClintonQA/">response to this same question: "If the country is under truly imminent threat of attack, of course the President must take appropriate action to defend us. At the same time, the Constitution requires Congress to authorize war. I do not believe that the President can take military action – including any kind of strategic bombing – against Iran without congressional authorization. That is why I have supported legislation to bar President Bush from doing so . . . "

In light of these principles, so clearly stated by both Obama and Clinton, how can the administration keep a straight face when going forward with military strikes against Libya, which no one argues is an actual or imminent threat to the United States?
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ReggieVeggie Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:32 PM
Response to Original message
1. the "reasoning" is that it's a coalition effort
and, because of that, all warmongering is justified
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:41 PM
Response to Reply #1
12. That is absurd "reasoning"
So the President can order military attacks without regard to congressional approval as long as the President can get at least one other nation to go along with the plan? So if Israel was on board, Bush could have bombed Iran without bothering to ask Congress? That dog won't hunt.
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:10 PM
Response to Reply #12
44. then find a better quote, and stop comparing one country getting on board
with a vote from the UN Security Council

This was not a unilateral action and under the War Powers Act the President does not need congressional approval for 60 days.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:23 PM
Response to Reply #44
48. But under the Constitution the President can't go to war without a declaration by Congress.

There is nothing in the Consitution indicating the President does not need congressional approval for 60 days.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:33 PM
Response to Original message
2. Why don't you go check out posts from yesterday?
This has been done already.

i need a drink...
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:59 PM
Response to Reply #2
34. I'm with you. It has been explained,and explained,and explained.
A little nightcap for me sounds good too.
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TheEuclideanOne Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:09 PM
Response to Reply #34
43. The only thing that I can gather from this thread
is that too much DU can drive you to drink. :)
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:31 PM
Response to Reply #43
50. I just pulled out an old bottle of Pimm's Cup No. 3.
I have a cucumber and ginger ale so I am good to go. They have not made anything other than No. l for a couple of decades but what the heck I need a beverage.

I am actually celebrating the fact that Duke, North Carolina, and Kansas are all into the next round. I have ties to all three schools. If I really need to make a choice I would pick Kansas.

Go Jayhawks.

Go Obama. Beat Gaddafi.
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:12 PM
Response to Reply #2
45. this was a post from yesterday
at least it appears to be a cut an paste from something that was posted yesterday


I expect to see it again tomorrow too.
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:30 PM
Response to Reply #2
93. Pres Obama violated the US Constitution. Bush asked Congress to go to war with Iraq. nm
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NightWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:33 PM
Response to Original message
3. Rec. but the UN said so, so we MUST do it
:sarcasm:
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jpgray Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:34 PM
Response to Original message
4. Yeah, they lied or never meant what they said
Support or oppose what we're doing in Libya, that's clear.
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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:35 PM
Response to Original message
5. Perhaps Brazil was in imminent threat, we just don't know....
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:36 PM
Response to Original message
6. The president has 60 days to ask Congress.
Edited on Sun Mar-20-11 09:36 PM by shraby
Read the damn war powers act.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:43 PM
Response to Reply #6
16. I'm not asking how the action can be justified under the
War Powers Act. I'm asking how it can be justified in light of these quoted statements of principle by Barack Obama and Hillary Clinton. Their statements made no qualification concerning 60 days.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:44 PM
Original message
See my earlier post to you on this thread
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=701855&mesg_id=703076

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

"The War Powers Resolution of 1973 (50 U.S.C. 1541–1548) was a United States Congress joint resolution providing that the President can send U.S. armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat..."

Where is the attack or threat from Libya to the US?


Obama on presidential war-making powers
http://www.salon.com/news/opinion/glenn_greenwald/index.html?story=/opinion/greenwald/2011/03/18/libya

"The U.N. Security Council Resolution authorizing military force in Libya does not, on its face, compel U.S. involvement, but news reports (and common sense) suggest that American participation is likely. That has led to debates over whether the President is constitutionally empowered to order military action in Libya without Congressional approval, whether it be in the form of a declaration of war or at least some statutory authorization to use military force..."

http://www.thecre.com/fedlaw/legal22/warpow.htm

"SEC. 2. (c)

The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."









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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:02 PM
Response to Original message
37. * failed to invoke the War Powers Act
for the two stupid wars that should have been ended and total troop recall back to the U.S. within 60 days. Now it's been over 10 years, and we're not close to a full recall.

That is an impeachable offense. He STILL could get impeached but won't because of the Repuke House. All it needs is an introduction, it'll pass, and then will begin full trial on the Senate end; then if he's impeached, then he'll lose all post-presidential rights, which includes release of all archives that he's trying to hide, no SS protection, immediate arrest and explusion to the Hague for full war tribunal which he will be found guilty and sentenced to life in prison along with the rest of the maladministration as soon as they step out of the states.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:34 PM
Response to Reply #37
54. Dems took impeachment off the table and now we need to look forward :( n/t
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global1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:56 AM
Response to Reply #37
70. But Watch The Repug House Move To Impeach Obama For This......
Libya thing. They won't take it off the table and focus on the future. They're looking for any excuse to remove Obama. It will be interesting to see what transpires when they get back to D.C.
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Taitertots Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:02 PM
Response to Reply #6
36. Read it yourself, it specifically states that an attack or threat of attack against the US....
Is required for the President to send armed forced into action without congressional authorization.
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 11:07 PM
Response to Reply #6
58. The President has 60 days IF and only IF he orders military operations IF the U.S. is under attack
or serious threat.

IF the U.S. is not under attack or serious threat, the War Powers Resolution compels the President to get authorization from Congress.

The War Powers Resolution restricted a President's ability to unilaterally decide military operations. It reasserted Congressional authority to declare war but allowed some flexibility in a defensive emergency. It DID NOT grant the President the right to bypass congress and instigate offensive military operations under any circumstance.

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global1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:06 AM
Response to Reply #6
72. Maybe Obama Thinks This Libya Thing Will Be Over In Less Than 60 Days.......nt
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:38 PM
Response to Original message
7. when bush did it DU was aflame lol nt
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Fearless Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:39 PM
Response to Original message
8. The threat is a lack of oil.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:40 PM
Response to Original message
9. Non-flame-bait question: Does this participation constitute an act of war? Thanks. nt
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jpgray Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:41 PM
Response to Reply #9
13. Say 126 missiles, etc., hit the US, launched by a sovereign nation
Act of war? I would guess so.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:55 PM
Response to Reply #13
28. That's not what I meant - I mean technically, legally, constitutionally, does this
constitute an act of war? That's what I don't know.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:44 PM
Response to Reply #9
18. Yes, absolutely it is
an act of war.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:58 PM
Response to Reply #18
31. I should have explained my question better -- according to the Constitution,
the Law, whatever determines these things, is it considered an Act of War? Or is it just a general "Act of War" with the interpretation left up to the powers that be? You may be telling me that, but I just want to clarify, because I'm not sure if this is a valid argument or not (legally, etc.).
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-11 12:45 AM
Response to Reply #31
110. It's up to the political branches, and by extension us, to determine that.
SCOTUS won't be defining that term any time soon.
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:40 PM
Response to Original message
10. Since congress passed the Iraq War Resolutions things are much more vague. /nt
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Teaser Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:41 PM
Response to Original message
11. OH NOES, a politician told me what I want to hear...
I never expected this betrayal!!!!111!!!
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-26-11 08:33 PM
Response to Reply #11
115. !
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:42 PM
Response to Original message
14. Oh, OUCH! Man...words on video....always have a way of coming back
and biting you in the ass. Damn.

Okay...spin away!
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:42 PM
Response to Original message
15. This, Sir, is Enforcement Of A United Nations Security Council Resolution
That is binding international law, and as far from 'unilateral' as is possible.

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jpgray Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:44 PM
Response to Reply #15
17. Since all UN resolutions are binding, and automatically compel our actions, no?
I seem to recall more than a few that have not done so. :)
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:47 PM
Response to Reply #17
22. Security Council Resolutions, Sir, If Passed, Are The Dictate Of International Law
Edited on Sun Mar-20-11 09:49 PM by The Magistrate
General assembly resolutions are mere air.

The usage of 'unilateral' in the excerpt referenced was to an act by a President solely on his own authority, without reference to the Congress or the United Nations.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:53 PM
Response to Reply #22
25. No
the term "unilaterally" meant without the consent of Congress. The United Nations had nothing to do with the question or the response.


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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:57 PM
Response to Reply #25
29. No Way In Hell, Sir, Would The U.N. Ever Authorize The U.S. To Bomb Iran On Spec
Edited on Sun Mar-20-11 09:57 PM by The Magistrate
You are reaching desperately. And, of course, if he felt God had told him to do it, you would have to agree he would have no choice but to kill anyone or any number, Congress be damned....
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jpgray Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:58 PM
Response to Reply #22
30. I refer you to the recent Security Council resolution on Gaza aid
What are our obligations for enforcement there, in your view?
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:24 PM
Response to Reply #22
49. With all due respect, Sir, U.N. resolution 242 (November 22, 1967)

states that 'Withdrawal of Israel armed forces from territories occupied in the recent conflict.'

If U.N. Resolution 242 is now the dictate of international law then one would expect the international community take action against Israel until they withdraw from the occupied territories of the West Bank and Gaza Strip?

Is the difference of atrocity by virulent disease any different than one by slow malignancy?
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 11:12 PM
Response to Reply #49
60. That Resolution, Sir
Also commands a comprehensive settlement among all parties, including respect for and recognition of the territorial integrity of, and cessation of violence against, Israel. It has been flouted pretty widely, by all parties concerned. For most of its history, people on either side have demanded the other go first, and have not been willing to act simultaneously.

Still, the fact that one item of law is not complied with or enforced does not render illegitimate the enforcement of some other item of law.
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Mon Mar-21-11 12:16 AM
Response to Reply #60
63. But does render such laws as hypocritical by nature.

Law is law. To implement the parts we wish while ignoring the ones we dislike is unlawful: voiding the integrity of the very body that subscribes to issue such mandates.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:25 AM
Response to Reply #63
65. You Have Not, Surely, Sir, Only Just Discovered Enforcement Of Law Is Steeped In Hypocrisy?
That is pretty old news in these parts. But the topic posed above was not whether use of force by the United States was hypocritical, but whether it is legal. It is quite possible for a thing to be both legal, and the height of hypocrisy.
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Mon Mar-21-11 12:32 PM
Response to Reply #65
91. An enforcer of one law that ignores another

no longer is entitled to the public trust to lead.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:40 PM
Response to Reply #91
98. But Still Can Make An Arrest Or Press A Prosecution, Sir, Whether You Trust It Or No
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Mon Mar-21-11 04:29 PM
Response to Reply #98
101. Which makes it no less corrupted.
Edited on Mon Mar-21-11 04:29 PM by NoTimeToulouse
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provis99 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:33 PM
Response to Reply #22
51. the dictate of international law?
So if the UN declared war on us, the US air force would have to bomb the U.S.?

The logic is weak with you...
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 11:15 PM
Response to Reply #51
61. The United Nations Does Not Declare War, Sir
The Security Council directs actions, and its directives are international law. The United states holds a veto on the Security Council, and could be relied on to veto any sanctions against itself....
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provis99 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:08 PM
Response to Reply #61
92. you didn't answer my point.
Misdirection is a logical fallacy.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:42 PM
Response to Reply #92
99. You Made No Point, Sir; You Conjured A Preposterous Hypothetical
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:34 PM
Response to Reply #22
95. That doesnt trump the US Constitution. nm
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:57 PM
Response to Reply #22
103. I don't think there's any such distinction between Security Council Resolutions
and General Assembly Resolutions (certainly not one that is so stark).

I'll dust off the old IL book and get back to you.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:51 PM
Response to Reply #15
24. "Unilateral" in Mr. Obama's answer was referring to
the President, without approval of Congress, not, as you suggest, to the United States, without the participation of other nations.

And Ms. Clinton did not use the term "unilateral" at all in her response to the question.

To put the answers in context, here is the question posed to both of them:

"In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)"

Since the question concerns whether the president would have constitutional authority to launch a military strike "without seeking a use-of-force authorization from Congress," the term "unilaterally" in Mr. Obama's response clearly means the President, without approval of Congress.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:54 PM
Response to Reply #24
27. Again, Sir, This Is Not What The Present Situation Is
This is acting as the enforcement arm of the United Nations, in accord with international humanitarian law.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:59 PM
Response to Reply #27
33. So your position is that
there is some hidden exception to the US Constitution whereby congressional authorization is not needed for acts of war that are taken by the executive branch at the behest the UN Security Council? Where in the Constitution does this exception appear?
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:34 PM
Response to Reply #33
53. An excellent point.

Suppose for a moment that a security pact was formed between Britain, France, Germany, America and 28 states. Let's call it something like North Atlantic Treaty Organization. Would such an organization also have unilateral authority to act outside of their National constitutional interests to act unilaterally against another nation?

So this treaty, ratified by...let's say our elected leaders, but not ratified by the states is somehow invalid and unconstitutional?
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:51 PM
Response to Reply #53
57. You are all over the map on this one.
I never said that a treaty has to be "ratified by the states" or that a treaty is "somehow invalid and unconstitutional." I criticized the suggestion by another poster that no congressional authorization is needed for the President to commit the nation's forces to a war when the war is undertaken at the behest of the UN. I don't think there is any "UN exception" to the limitation on the powers of the executive. Nor do I think it would be any different if the international entity were NATO rather than the UN.
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NoTimeToulouse Donating Member (204 posts) Send PM | Profile | Ignore Sun Mar-20-11 11:08 PM
Response to Reply #57
59. That was my point as well.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 11:30 PM
Response to Reply #33
62. You Are Invited, Sir, To Examine The History Of Armed Force Employed By the United States
You will find that throughout our history, uses of military force on a minor scale have been engaged in by Executive authority, absent consultation with Congress, on numerous occasions. One fairly recent one was President Wilson's despatch of Navy forces to occupy Vera Cruz, carried out before Congressional sanction was obtained; even more recent was President Johnson's ordering an invasion of the Dominican Republic, without any vote in Congress. Many more could be cited, were it of sufficient interest to me to employ more of my time on the matter.
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:22 AM
Response to Reply #62
64. Thus the enactment War Powers Resolution in an attempt to curb illegal military adventures.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:36 AM
Response to Reply #64
67. Which It Has Not Succeeded In Doing, Ma'am, And Will Not Succeed In Doing
Not all use of a country's military forces constitutes war; the assigning to Congress of the sole power to declare war does not restrict to the Congress the sole power to employ the armed forces of the United States. The tension was present from the start, and probably deliberately so. Certainly employment of U.S. military forces in combat without Congressional action commenced within a few years of the ratification of the Constitution, and one must assume the statesmen of that generation knew what they had written and ratified.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Mar-21-11 03:57 AM
Response to Reply #67
85. Deleted message
Sub-thread removed by moderator. Click here to review the message board rules.
 
Lithos Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:54 AM
Response to Reply #62
78. A few more examples
Edited on Mon Mar-21-11 01:56 AM by Lithos
Panama twice (Roosevelt, Bush); Lebanon twice (Johnson & Reagan), WW II (Reuben James, etc.), Granada, Mayaguez, Iran hostage rescue, Pancho Villa/1914, Yemen, Somalia, Libya (Jefferson, Reagan), etc.

L-
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:35 PM
Response to Reply #62
96. I agree that there are many. BUT THEY ALL ARE VIOLATIONS OF THE US CONSTITUTION.......sir. nm
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:44 PM
Response to Reply #96
100. And Have Been Engaged In For Just About As Long As The Constitution Has Existed, Sir
Which rather deprives the claim of any force....
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 10:33 PM
Response to Reply #100
108. That does not make it right. I want the president to ask Congress before military intervention..sir
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:09 AM
Response to Reply #33
74. I'd like an answer to that question
as well.
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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:41 AM
Response to Reply #15
68. Participation is not required, and even if it did, national law takes precedence
Are you serious about this? If the United Nations says it's perfectly fine for you to make religious tests necessary for government employment, that would not allow our politicians to do so in violation of the Constitution.

There is nothing "binding" about this resolution; it ALLOWS nations to voluntarily perform various tasks, that's all, PERIOD.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:03 AM
Response to Reply #68
71. It Is Binding International Law, Sir
It would be impossible, for instance, for Libya to bring complaint it was an object of aggression, and in theory, at any rate, it is illegal for its armed forces to resist the actions taken under U.N. auspices. There can be no question, under international law, that this use of force against Libya is legal.

The United States is not required to put its armed forces at the disposal of the Security Council, though having voted for military action against Libya, and being pretty much the sole possessor of certain military equipments that make such action far more likely of success, it is certainly under some moral obligation.

An employment of military force short of full engagement of war, in co-operation with a Security Council resolution, is not the sort of 'unilateral' Executive action envisioned in the quote cited, and is within Constitutional bounds of Executive authority.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Mar-21-11 03:55 AM
Response to Reply #71
84. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-24-11 03:01 AM
Response to Reply #71
113. No. The Constitution supersedes Treaties; a Congressional Declaration or Authorization is necessary
This has been reiterated all over the place, but in short:

The War Powers Act requires a Congressional Authorization or Declaration unless we're attacked, which we weren't. The language of what constitutes action in question is clear, and the Supreme Court has consistently determined Treaties to be superseded by the Constitution when in conflict.

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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-25-11 04:05 AM
Response to Reply #113
114. +
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:32 PM
Response to Reply #15
94. It still is in violation of the US Constitution. nm
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:45 PM
Response to Original message
19. It is explained on the DU link below

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x699861#699906

p.s. And regarding what it said on the link above - I think Obama doesn't even have to do what because the USA has not gone to war... it is a UN mission.

p.s.s. And besides that go back to our founding fathers...
In 1801 Pres Thomas Jefferson sent naval vessels to Libya, starting the First Barbary War. Congress never declared war.

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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:48 AM
Response to Reply #19
69. The First and Second Barbary Wars were BOTH authorized by Congress
There was no declaration of war either time, but both Jefferson and Madison went to Congress and got their authorization for military deployment and action, even though they didn't go all the way and declare war.

So, this is a bit high-handed, to say the least.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:09 AM
Response to Reply #69
73. Not, Sir, Until Well After Naval Forces had Been Dispatched With Orders To Engage
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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:24 AM
Response to Reply #73
80. Yes, but this was after the Pasha of Tripoli declared war
This, viewed through the prism of the 1973 War Powers Act, is akin to being attacked and retaliating, rather than initiating an action of one's own volition.

Jefferson consulted with his cabinet to determine whether he needed to consult Congress, and when Gallatin said he did, he did so and got their approval. Yes, this was after they had sailed, but this was in the early days of the Republic, when things were much less clear in such situations.

Our interests had been attacked, a tribute demanded, and then war was declared upon us. He sent 4 ships to defend our interests, then consulted assessed the need to consult and did so when informed he should.

The instance at hand is much more voluntary and is an act of violating national sovereignty in a situation where we had not been attacked or threatened in any way.

Thanks for the correction on this; I had not been aware of the dynamic, and Jefferson definitely got a bit ahead of things there, but that shouldn't serve as justification for the current bit of adventurism.

It's an ironic bit of numerology that we're discussing Resolution 1973 and the War Powers Resolution of 1973, eh? Still, it's quite clear in the language there that Congress is to be consulted at all times, and this does not seem to have happened. The law is VERY well understood, and he's a constitutional scholar, so this is quite a bit of an overstepping.

More than anything, it's the misrepresentation and the substitution of "armed combatants" for "doe-eyed innocents" that offends and worries me, and being played like this isn't cricket. It's cynical manipulation, selective outrage and flat-out deception to achieve a grander goal that maybe couldn't be gotten with candor. That can help propel us down the scofflaw's pike to ruin and fritter away what's left of any moral authority we may be able to still claim. I don't like that. I don't like out and out deception; it's corrosive to civilization.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:41 AM
Response to Reply #80
81. To Me, Sir, It Seems A Step Forward That The U.N. Accepts Preventing Atrocity As Grounds For Action
This was a hurdle that could not be crossed not so long ago in the late Balkan killings, when President Clinton finally acted without assent from the United Nations at a time when many considered it no matter at all for international law what a sovereign state did to its citizens. That this episode is certainly marked with selective outrage does not alter the value of the precedent: it will not in future be possible for a government to argue its abuse of its citizens is nobody else's business, and something no one has a right to interfere with. It will be valuable in future that this has been established.

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PurityOfEssence Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 06:11 PM
Response to Reply #81
104. Agreed, but the threshold should be quite, quite high, or it's prone to abuse
It's very easy to say that one is systematically oppressing people and use it to justify armed incursion. I personally think Sharia law, especially as it pertains to women, is atrocious, but I wouldn't want that to be the justification to lay waste to a sovereign country.

This is beside the point of the thread, though, and that's what the the laws of this country are in this situation, and Obama seems fairly clearly in violation. To recap, here's an excerpt from the War Powers Act of 1973 which shows two things: the President MUST CONSULT with Congress, not inform them via a high-handed letter, and the issue at hand needs to be something that literally threatens this country. The latter is not there at all. The former is an insulting bit of imperial arrogance.

He knows better, as shown by the thread starter.

PURPOSE AND POLICY

SEC. 2. (a)
It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or in such situations.
SEC. 2. (b)
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

CONSULTATION

SEC. 3.
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:20 AM
Response to Reply #69
75. Here is the full quote from another website

What would Thomas Jefferson do?
What would the founding critters do?

Apparently, conduct war in North Africa without a declaration of war from Congress.

In 1801, President Thomas Jefferson sent naval vessels to Libya, starting the First Barbary War. Congress never declared war, although they did eventually pass an Iraq-style resolution.

The conflict escalated, finally leading to boots on the ground, and the battle commemorated in the Marines' Hymn..."to the shores of Tripoli."

-----------
Goodnight :)

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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:24 AM
Response to Reply #75
76. And another interesting comment quote ...
From tmess2 at DCW

There was no declaration of war in Korea, Vietnam, either Gulf War, Somalia, Afghanistan, or any of the smaller actions.

The last time that the US declared war was against Italy and Germany in World War II.

A "declaration of war" has always been a legal term of art for a specific diplomatic communication. In the 1800s, it was accepted diplomatic nicety that you did not begin a military campaign against another country without a formal declaration of war. Today, a declaration of war is considered to be bad form. Which is why Congress adopted the War Powers Act realizing that, since the US would never again declare war, the provision in the Constitution that only Congress can declare war was no longer a check on executive power.

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yourout Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:46 PM
Response to Original message
20. Obama the "Candidate" was replaced with a pod version to be Obama the "President"
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:48 PM
Response to Reply #20
23. LOL!
Pod version....:rofl: That's funnnnny! :thumbsup:
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:47 PM
Response to Original message
21. He's right
The Libya no-fly zone is a U.N. action so the President did not "unilaterally authorize a military attack."

Bush got Congressional approval and still managed to defy Congress by lying in his report to Congress.

Does anyone believe that the Iraq war was legal simply because an AUMF was approved?

The President still has to abide by the terms of the authorization.

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WatsonT Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 09:53 PM
Response to Original message
26. He has to earn the Nobel somehow
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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Sun Mar-20-11 09:59 PM
Response to Original message
32. So what?
* ignored that rule, and declared himself above the law. That is why he's still unable to travel outside of US in fear of being arrested and sent to the Hague for war crimes which he *WILL* be convicted and sentenced to life in prison.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:01 PM
Response to Reply #32
35. Bush asked for and received the Iraq War Resolution from
Edited on Sun Mar-20-11 10:41 PM by Zebedeo
Congress. IIRC, both Senator Obama and Senator Clinton voted in favor of the same.

In any event, "bushdidit" is not a satisfactory justification for constitutional violations, in my book.

On edit - Mr. Obama was not a Senator at the time of the IWR, but he voted for continued funding of the war.
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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:05 PM
Response to Reply #35
38. But he did not ask for the invocation of the war powers act
which is an impeachable offense because he failed to do it within 60 days.

I would personally sue the BFEE for the entire amount that was spent on Iraq and Afghanistan to date and request that the monies are returned to the U.S. Treasury - that means freezing all known associates and accounts of the entire Bush Family Evil Empire, and they are worth trillions of stolen dollars.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:12 PM
Response to Reply #38
46. Uh, I think your history and math are not right
IIRC, the IWR occurred before the invasion of Iraq. And the BFEE couldn't possibly have "trillions" of stolen dollars. Do you know what a trillion is?
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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:34 PM
Response to Reply #46
52. Yes, I know what a trillion is
You have to look at the theft of Iraq, Afghanistan material wealth. That includes the new found trillion dollar mine in Afghanistan. Guess who owns it? One of the BFEE cronies.

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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:07 PM
Response to Reply #35
41. Are you a Chimp guy?
Seriously?

Re-read the Iraq War resolution - it did not specifically invoke the WPA.

It only proclaims that if Hussein wouldn't let the WMD inspectors in to finish the job, then action will be taken.

Action != war.

War is war.

It is past time to end it, and indict * for high treason and have him EXECUTED. He loves EXECUTION and should love getting the lethal injection.

Karma's a bitch.
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:45 PM
Response to Reply #41
56. You sound a bit bloodthirsty
wanting your political opponents to be executed. That is not the kind of country we live in. There are many countries like that in the world, where when one party comes into power, members of the other party have to flee the country or be killed. I prefer our system.

In any event, if you are in favor of Bush being executed for treason for going to war in Iraq without congressional authorization, are you in favor of Obama being executed for going to war against the sovereign nation of Libya without congressional authorization? Seems a bit extreme to me.
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Sonicwall Donating Member (191 posts) Send PM | Profile | Ignore Mon Mar-21-11 08:13 PM
Response to Reply #56
107. I want a purge of corporatists. And I don't care how it's done
They need to remove Republican-lites OUT of the Democratic Party and go hard left. Big time. I'm about ready to reregister as an independent and ally myself with the Democratic Socialist of America.

That's how bad it is right now.
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:05 PM
Response to Original message
39. Yay! Three wars going on at once!!
Think we'll add a fourth? And a fifth?

What's the fucking point anymore anyway????
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Amonester Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 02:48 AM
Response to Reply #39
79. In reality, it's just ONE big war for one thing.
OIL

Because OIL is a depleting resource. It's so OBVIOUS.

And pretty soon, a second big war will follow and it will be for one thing: CLEAN WATER

Believe me, we ain't seen nothing yet.

Sorry to rain on the parade.
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tcaudilllg Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:48 AM
Response to Reply #79
87. This isn't about oil. It really is about freedom.
But it doesn't seem that nations like these can make good use of it, so why should they have it?
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 09:32 AM
Response to Reply #79
90. That's what has been predicted
Good chance of happening too - although we are running out of oil and we'll be headed for one hell of a wake up call
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:07 PM
Response to Original message
40. "unilaterally"
"unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally""unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally" "unilaterally"




This action was not unilateral
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Zebedeo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:20 PM
Response to Reply #40
47. "unilaterally"
referred to the President acting without congressional authorization, not the US acting without UN involvement.

And Clinton's position statement did not have the term "unilaterally" in it.
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RickFromMN Donating Member (275 posts) Send PM | Profile | Ignore Sun Mar-20-11 10:08 PM
Response to Original message
42. Yes...oil. We fight wars because of oil.

What would happen if we didn't send our troops to fight wars because of oil?

Should the oil companies have their own troops, their own armies?

Before pooh-poohing this idea completely, consider history....

Google search: Dutch East India Company army

Google search: Dutch West India Company army

Google search: British East India Company army

Companies had private armies, in the past. Why not in the future?

May I support this idea, tongue-in-cheek,
by suggesting the cost of an oil company army would be paid from the sale of oil,
and would be reflected in the price of oil,
rather than paid by taxpayers and the blood of our young men and women.

I know this idea is silly.

Our government fighting a war because of oil is also short-sighted, dare I say silly.
It provides a temporary breathing space, at best, and our dependence on oil only grows.

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Blue-Jay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-20-11 10:34 PM
Response to Original message
55. "unilateral"

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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 12:31 AM
Response to Original message
66. That was SENATOR Barack Obama...This is PRESIDENT Barack Obama
They're two totally different people, apparently.

Or maybe success really does spoil people.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 01:52 AM
Response to Original message
77. He's probably not right. The minutes of the Constitutional Convention
make it clear that there is a difference between "making" war and "declaring" war. The President has the authority to make war, to the extent that it does not include declaring war.

At the time of the founding, there was a clear distinction between war and non-war action. If this is not war, the President is authorized to take action.
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tcaudilllg Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 04:46 AM
Response to Reply #77
86. You don't seem to understand the concept of war.
Here's a definition for you: a conflict between states.
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jefferson_dem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:02 AM
Response to Reply #86
88. Bollocks. Not every "conflict between states" is war.
Not even close.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:54 PM
Response to Reply #88
102. +1. Very well put. nt.
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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:43 AM
Response to Original message
82. "Do as I say not as I do" seems to be the motto of this administration.
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tcaudilllg Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:54 AM
Response to Original message
83. Impeach him by his own words?
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jefferson_dem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 05:08 AM
Response to Original message
89. Nonsense. Two points:
Edited on Mon Mar-21-11 05:10 AM by jefferson_dem
1. This is not a unilateral operation.
2. All presidents have the authority, as commander-in-chief (see Article II), to initiate military operations such as these without initial consultation of Congress. Google "War Powers Resolution" and highlight this qualifiers: "in every possible instance".
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 03:36 PM
Response to Reply #89
97. Has this been tested against the US Constitution? nm
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Abq_Sarah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 06:35 PM
Response to Reply #89
105. From the text:
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to

(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

I'm not seeing where those conditions are met.
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JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 06:38 PM
Response to Original message
106. Why does everyone forget that this isn't against Libya...
It's against a tyranical leader who is causing death and destruction to the people of Libya... I hate war, but I hate killing thousands of innocent people a lot more.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 11:03 PM
Response to Original message
109. Nothing inconsistent here
this is not a unilateral act.
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Liquorice Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-11 12:57 AM
Response to Original message
111. He must have forgotten Poland. nt
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-24-11 01:24 AM
Response to Reply #111
112. !
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