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	War Powers Resolution - Wikipedia, the free encyclopedia
		The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress.
		The Resolution is sometimes erroneously referred to as simply the War Powers Act, but that is an older law intended to define limits on trade with enemies during wartime.
		On November 9, 1993, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from Somalia by March 31, 1994; Congress had already taken this action in appropriations legislation.
	en.wikipedia.org /wiki/War_Powers_Resolution (784 words)

	CNN.com - President needs congressional approval to declare war on Iraq - August 30, 2002
		Meanwhile, conservative critics found that the resolution impinges on what they believe are the "inherent powers" of the president (powers largely established by past practice, or some very fancy constitutional interpretations), and thus violates the doctrine of separation of powers by shifting power that properly belongs to the executive, to the legislature instead.
		It is also clear that under the War Powers Resolution, Bush II can engage in hostilities with Saddam without violating either the letter or sprit of the law for at least 60 days.
		But in the end, the power resides with Congress, not the President, for one power the President cannot take away is the power to approve and withhold funds; it is Congress's alone.
	archives.cnn.com /2002/LAW/08/columns/fl.dean.warpowers (2609 words)

	War Powers Clause - Wikipedia, the free encyclopedia
		Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war.
		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.
		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.
	en.wikipedia.org /wiki/War_Powers_Clause (414 words)

	Senator Dick Durbin on the Issues (Site not responding. Last check: 2007-10-09)
		Article I, section 8, clause 11 of the Constitution confers on Congress alone – the House of Representatives and the Senate – the power to declare war.
		The 1973 War Powers Resolution was an effort to carry out the intent of our Constitution to require Congress, and the American people through them, to enter into a debate before we send our sons and daughters off to fight, perhaps to die, for their country.
		The 1973 War Powers Resolution unfortunately has done little to slow the gradual assumption of war powers claimed by successive administrations, or to embolden Congress to properly exercise its war powers responsibilities under the Constitution.
	www.senate.gov /~durbin/issues/warauth.cfm (485 words)

	War Powers Resolution: Presidential Compliance
		One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution.
		The War Powers Resolution states that the President's powers as Commander- in-Chief to introduce U.S. forces into hostilities or imminent hostilities are exercised only pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces.
		Section 8(a) of the War Powers Resolution states that authority to introduce U.S. forces into hostilities is not to be inferred from any treaty, ratified before or after 1973, unless implementing legislation specifically authorizes such introduction and says it is intended to constitute an authorization within the meaning of the War Powers Resolution.
	fpc.state.gov /7656.htm (7714 words)

	CAMPBELL v
		The proclamation of blockade is itself official and conclusive evidence to the Court that a state of war existed which demanded and authorized a recourse to such a measure, under the circumstances peculiar to the case.
		A civil war is never solemnly declared; it becomes such by its accidents-- the number, power, and organization of the persons who originate and carry it on.
		Although the court ultimately declined to answer the question whether President Nixon was in fact fulfilling his duty to end the Vietnam War, see id., it nonetheless made clear that courts are competent to adjudge the existence of war and the allocation of war powers between the President and Congress.
	lawofwar.org /Campbell_v_Clinton.htm (3818 words)

	FOR EDUCATIONAL USE ONLY
		The power to declare war was a quasi‑judicial function, and letters of marque and reprisal had a limited role.
		Naturally, then, when the Framers allocated war powers between the President and Congress, they used as their baseline the separation of powers they believed to exist between King and Parliament.
		Adams's position against a declaration of war; the motions on the floor of Congress in favor of a declaration of war; and the abandonment of those motions after the caucus's vote not to pursue war have been frequently discussed.
	www.law.berkeley.edu /faculty/yooj/courses/forrel/reserve/treanor.htm (9543 words)

	[No title]
		Appellants argue that the War Powers Clause of the Consti- tution proscribes a President from using military force except as is necessary to repel a sudden attack.
		I. Standing The Constitution reserves the power to declare "war"3 to Congress and delegates the power to conduct war to the __________ 1 While we may be required to decide jurisdictional issues before disposing of a case on the merits, we are not required to decide jurisdictional questions in any particular order.
		Although the court ultimately declined to answer the question whether President Nixon was in fact fulfilling his duty to end the Vietnam War, see id., it nonethe- less made clear that courts are competent to adjudge the existence of war and the allocation of war powers between the President and Congress.
	pacer.cadc.uscourts.gov /common/opinions/200002/99-5214a.txt (10844 words)

	[No title]
		Congress' power to declare war works in conjunction with the authority granted to the President under the Constitution to act as "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." U.S. Constitution, Art.
		Plaintiffs have sued President William Jefferson Clinton, contending that he has violated the War Powers Clause of the Constitution by beginning the air strikes prior to a congressional declaration of war and by continuing the air strikes without any congressional declaration of war or authorization under the Constitution.
		Rather, the measure declaring war on the Federal Republic of Yugoslavia was overwhelmingly defeated in the House of Representatives, and the concurrent resolution that would have authorized the President to conduct military air operations and missile strikes in cooperation with NATO allies against Yugoslavia was very narrowly defeated in the House of Representatives.
	jurist.law.pitt.edu /99-1072.htm (4813 words)

	Questions Not Asked: · Torturing People's Children · War Powers · Geneva Conventions -- Institute for Public ...
		He said today: "At a time when the commander in chief asserts that his war powers give him carte blanche, it is critical that the Supreme Court be composed of individuals committed to the rule of law.
		Particularly those members, mostly Republicans, who claim the mantle of original intent of the Constitution, should be upholding the power of the Congress on its war powers.
		Alito is mistakenly attributing War Powers to the president in violation of the War Powers Clause of the U.S. Constitution and in violation of Congress's War Powers Resolution of 1973, which is 'the supreme Law of the Land' according to Article VI of the Constitution.
	www.accuracy.org /newsrelease.php?articleId=1204 (719 words)

	So Much for Strict Construction - by David Cole and Tom Engelhardt
		At the time of the Constitution's drafting, a formal "declaration of war" was not necessary for the exercise of war powers under either domestic or international law, so Yoo's hypothesis that the declaration served that purpose fails.
		As the war in Iraq has painfully underscored, the decision to go to war, especially a war initiated by the president without broad international support, can have disastrous consequences; and extricating the country from such a war can be extremely difficult.
		On the strength of that clause, and statements made about treaties at the time of the framing, it has long been accepted that treaties have the force of law in the United States, create binding obligations, and may be enforced by courts.
	antiwar.com /engelhardt/?articleid=7870 (4348 words)

	Declare War before Waging War, Part 2 (Site not responding. Last check: 2007-10-09)
		Legislators are to declare war; they also raise the military, organize the militia, and implement the rules of war (such as authorizing letters of marque and reprisal and defining and punishing piracy).
		The expansive notions of executive power that Hamilton and his allies espoused after 1789 — smacking as they did of monarchical prerogatives — would probably have doomed the Constitution to rejection had they been advanced in 1787–1788 and were for that very reason illegitimate and incorrect.
		The decision of war and peace is far too important to leave to one man, however honest, bright, or popular.
	www.fff.org /freedom/fd0202e.asp (1623 words)

	The War Party's Achilles' Heel? - by Thomas Knapp
		Undoing Bush's usurpation of the congressional prerogative to declare war would be a difficult thing indeed.
		Even those congresscritters who hold that the executive must possess a power of "quick reaction" sans declaration of war by Congress would presumably not hold that the situation in Iraq meets the specifications.
		If Congress simply writes the check, then it is, by implication, sanctioning the war, the president's conduct of the war, and the continuation of the war.
	www.antiwar.com /orig/knapp.php?articleid=4609 (692 words)

	The United States Constitution - The U.S. Constitution Online - USConstitution.net
		All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
		The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
		The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
	www.usconstitution.net /const.html (5200 words)

	rediff.com US edition: Waging war without Congress nod illegal: New York Bar Association
		As the drums of war on Iraq beat faster and louder, and as voices of both the hawks and the liberals become shriller, the New York Bar Association has stated clearly that there is no case for the US president to wage war against Iraq in the current scenario without first being authorized by Congress.
		Quoting the War Powers Clause, the committee notes that there is no question that the Congress alone has power to declare war, under Article I, Section 8, Clause 11.
		Even otherwise, finds the committee, under the War Powers Resolution of 1973, the president must report and regularly consult the Congress after unilaterally deploying troops, and unless the Congress authorizes the action, the president must withdraw armed forces within 60 days of deploying them.
	www.rediff.com /us/2002/sep/27us.htm (820 words)

	CounterPunch
		We believe that the International War Crimes Tribunal will produce a Judgment that can be put into the hands of every government in the world with no injunction that should any of these Defendants ever appear within their territorial jurisdiction, they must be apprehended and prosecuted for the commission of the specified international crimes.
		Bush pressed the military to expedite preparations and to commence the war against Iraq before military conditions were optimum for domestic political purposes so that the war would not interfere with his presidential re-election campaign.
		Just as the Nazi war criminals did by invading Poland in September of 1939, these Defendants perpetrated a Nuremberg Crime Against Peace in their decision to got to war against Iraq and to seize and steal the oil resources of the Persian Gulf.
	www.ccmep.org /2002_articles/Iraq/090202_Gulf_Warcrimes.htm (4320 words)

	Vietnam Veterans' War Stories!: Great Documents of War and Peace: The War Powers Act of 1973
		Concerning the war powers of Congress and the President.
		This joint resolution may be cited as the "War Powers Resolution".
		The House of Representatives having proceeded to reconsider the resolution (H. Res 542) entitled "Joint resolution concerning the war powers of Congress and the President", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was
	www.war-stories.com /war-powers-act-poss.htm (939 words)

	TomPaine.com - Archives - The First Lie
		By unlawfully ceding the war-declaring power to the president, they allowed the president to start a war against Iraq based on whatever evidence or whatever lies he chose.
		In drafting the War Powers Clause of Article I, Section 8, the framers of the Constitution set out to create a nation that would be nothing like the model established by European monarchies.
		The wars of kings and queens of Europe had brought not only havoc and destruction to the lives of those forced into battle and those left to suffer their loss.
	tompaine.com /Archive/scontent/9843.html (992 words)

	Bill Frist Responds (Site not responding. Last check: 2007-10-09)
		However, insofar as the timing is concerned, I feel that given the strong possibility that American men and women may be in action in Iraq in the very near future, to reopen a debate in the Senate on this issue would not serve the nation well.
		The relative war powers of the Executive and Legislative Branches was discussed in the very earliest days of the Republic, in the Federalist Papers and otherwise.
		On October 10, 2002 the President of the United States received the authorization of the Congress as embodied in P.L. 107-243, which passed the Senate by a vote of 77-23, and which passed the House of Representatives on that same date by a vote of 296-133, to order military action against Iraq.
	www.fff.org /comment/com0303q.asp (836 words)

	War Powers: The Hijacking of the Constitution? -- Institute for Public Accuracy (IPA)
		Gravel was quoted on an Institute for Public Accuracy news release on Aug. 2, 2002: "This is a déjà vu of Tonkin and the evidence seems to be as flimsy.
		He is part of a lobbying effort by over 700 people on the Iraq war since the major protests this weekend.
		The war powers clause of the Constitution makes clear that Congress, and only Congress, has the power to wage a war against another nation.
	accuracy.org /newsrelease.php?articleId=1143 (530 words)

	United States War Crimes During the Persian Gulf War
		Bush pressed the military to expedite preparations and to commence the war against Iraq before military conditions were optimum for domestic political purposes so that the war would not interfere with his presidential reelection campaign.
		In his mad rush to war, Defendant Bush caused the United Nations to completely bypass Chapter VI of the U.N. Charter that mandates the pacific settlement of international disputes.
		Just as the Nazi war criminals did by invading Poland in September of 1939, these Defendants perpetrated a Nuremberg Crime Against Peace in their decision to go to war against Iraq and to seize and steal the oil resources of the Persian Gulf.
	www.twf.org /News/Y1998/WarCrimes.html (3636 words)

	Department of Defense or Department of War?
		In 1947, gearing up for the Cold War, the U. created its National Security Apparatuses and changed the name of the Department of War to the Department of Defense.
		Violation of the War Powers Clause of the Constitution (Article I, Section 8); violation of the War Powers Resoution of 1973 (50 USCA Sec.
		Chemical Warfare in violation of numerous treaties: Korean War and Vietnam War.
	www.omnicenter.org /warpeacecollection/departmentofwar.htm (692 words)

	International Law In Brief - March 18-31, 2000
		The Bundesgerichtshof further rejected the defendants' argument that there was a break in the chain of causation in regard to one death due to the resolution in question being traceable to their predecessors in power.
		Two days later and pursuant to the War Powers Resolution ("WPR"), the President submitted to Congress a report stating that the action had been undertaken by his authority as Commander and Chief.
		The D.C. Circuit determined that Congress has a "broad range of legislative authority" to stop a president's war making, and held under Raines that congressmen "may not challenge the President's war-making powers in federal court." The D.C. Circuit also held that standing on the WP Clause claim was precluded by the same reasoning.
	www.asil.org /ilib/ilib0307.htm (2555 words)

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