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Invisiblejohnm214
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Re: The Reader's Digest worldwide poll [Re: Ferris]
    #9050785 - 10/08/08 09:39 PM (15 years, 6 months ago)

Quote:

Ferris said:
You could see by the tone of the floor debates, and more specifically the proposed amendments (all failed), that there was concern that the resolution would be used to justify a full-scale war.

If I remember correctly, it was made in response to multiple airspace violations on the part of the Iraqis, and was meant to add legality to measured responses.

Also, included in the language of the bill would have been a line that read something like "the president uses his best judgment to determine how to use the order."  Obviously, I'm not a lawyer, but I'd say that a lot of the false accusations and other misleading statements from the administration used to justify the war, negate the bill entirely.

In another age, congress might have done anything from censor to impeach the president for this breach.

http://en.wikipedia.org/wiki/Joint_Resolution_to_Authorize_the_Use_of_United_States_Armed_Forces_Against_Iraq#cite_note-ResolutionText-0





Their may be concern, but the presence of failed amendments is strong evidence, to those idiots who look at legislative intent, that there was no intent to pass such provisions as were in the failed amendments.

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OfflinePhred
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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9050821 - 10/08/08 09:44 PM (15 years, 6 months ago)

I fail to see any limits described. Here is the relevant section:

Quote:

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION.—The President is authorized to use the
Armed Forces of the United States as he determines to be necessary
and appropriate in order to—

(1) defend the national security of the United States against
the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Council
resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION.—In connection with the
exercise of the authority granted in subsection (a) to use force
the President shall, prior to such exercise or as soon thereafter
as may be feasible, but no later than 48 hours after exercising
such authority, make available to the Speaker of the House of
Representatives and the President pro tempore of the Senate his
determination that—

(1) reliance by the United States on further diplomatic
or other peaceful means alone either (A) will not adequately
protect the national security of the United States against the
continuing threat posed by Iraq or (B) is not likely to lead
to enforcement of all relevant United Nations Security Council
resolutions regarding Iraq; and

(2) acting pursuant to this joint resolution is consistent
with the United States and other countries continuing to take
the necessary actions against international terrorist and ter-
rorist organizations, including those nations, organizations, or
persons who planned, authorized, committed or aided the ter-
rorist attacks that occurred on September 11, 2001.

(c) WARPOWERSRESOLUTIONREQUIREMENTS.

(1) SPECIFICSTATUTORYAUTHORIZATION.—Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress
declares that this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b) of the
War Powers Resolution.

(2) APPLICABILITY OF OTHERREQUIREMENTS.—Nothing in
this joint resolution supersedes any requirement of the War
Powers Resolution.




I ask again - please cut and paste any part of this which you feel "limits" the authorization. I've been over and over and over it in the last five-plus years and I never saw that part. Looking over it again tonight I am still failing to see that part. So help a brothah out here! Highlight the relevant "limitation", please.






Phred


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Invisiblejohnm214
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Re: The Reader's Digest worldwide poll [Re: Phred]
    #9050863 - 10/08/08 09:49 PM (15 years, 6 months ago)

you allready posted it man

sec 3(a) et seq

If your arguing that their is no practical limitation given the impotency of the congress and the courts in dealing with this stuff, and the great success certain parts of congress have had in blaming bush for using the power they gave, no encouraged, him to use, then I'll agree.


But the law states Bush can use military force for certain purposes.  Thus, the authorization is limited to those certain purposes.

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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9050899 - 10/08/08 09:54 PM (15 years, 6 months ago)

There is no "limited" authorization there. It is authorization to use military force in dealing with Saddam Hussein. Period.




Phred


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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9050921 - 10/08/08 09:56 PM (15 years, 6 months ago)

The "continuing threat of Iraq" will never cease to crack me up.

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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9050925 - 10/08/08 09:57 PM (15 years, 6 months ago)

Quote:

johnm214 said:
Their may be concern, but the presence of failed amendments is strong evidence, to those idiots who look at legislative intent, that there was no intent to pass such provisions as were in the failed amendments.




I realize that intent can be hard to measure.  I could argue that the congressman had different concerns with the amendments, but it would be a waste of time.

The argument is superseded by the "judgment" clause, which becomes much harder to argue against, with the mounting evidence that Bush's justifications for war were fallacious or outright fraudulent.


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Invisiblejohnm214
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Re: The Reader's Digest worldwide poll [Re: Phred]
    #9051203 - 10/08/08 10:42 PM (15 years, 6 months ago)

Quote:

Phred said:
There is no "limited" authorization there. It is authorization to use military force in dealing with Saddam Hussein. Period.




Phred





Could you explain?


The thing says he can do x for the purpose of y.


How does x not depend on y then?


Walk me through it, I explained myslef to you.  I don't know if your making some practical argument or if your saying the law itself is not limited.


If I get a DEA registration I can sell or dispense drugs in teh course of my professional practice.  That means I can dispense drugs, yes, but it also means I go to jail if I don't stay within my professional practice.


I really don't get you here, and your naked assertion isn't helpfu

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OfflinePhred
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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9051331 - 10/08/08 11:08 PM (15 years, 6 months ago)

Does it authorize Bush to invade Pakistan or Iran? No. So in that sense - and in that sense only - it is "limited". It is not a blanket authorization for Bush to invade a country each year.

But it did authorize him to use military force to deal with Saddam Hussein and any continuing threat posed by Iraq. Hussein himself was dealt with pretty quickly. His Ba'athist hangers-on were dealt with not as quickly, but eventually they were taken care of as well. Next, al Qaeda in Iraq. Last, Mookie and the other Shi'ite militias. So is there a "continuing threat" posed by Iraq at this point in time? Depends who you ask.

But in the opinion of those most on top of the situation, it appears as if finally Iraq is at the point where the US military personnel there can soon become as non-violent as the US military personnel in Germany and Japan. At which point, the use of military force becomes a non-issue.



Phred


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Invisiblejohnm214
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Re: The Reader's Digest worldwide poll [Re: Phred]
    #9051982 - 10/09/08 02:38 AM (15 years, 6 months ago)

Well I think our presence is allready a legal non issue since we're there at the request of the Iraq's, or at least their public acquiescence.



I didn't ask about Iran... I've asked repeatedly, are you saying there is no functional limit or that there is no limit whatsoever to what and why bush could have used force in iraq?


Bush could have invaded Iraq to get back at saddam?  To steal paintings?  What?  It was limited to the purposes granted for the invasion.  That their are limited remedies to an alleged breech is immaterial.

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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9052021 - 10/09/08 03:13 AM (15 years, 6 months ago)

I'm sorry, but elections don't legitimize an invasion after the fact, especially when that foreign army is occupying the country


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Invisiblejohnm214
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Re: The Reader's Digest worldwide poll [Re: Ferris]
    #9052090 - 10/09/08 04:16 AM (15 years, 6 months ago)

Quote:

Ferris said:
I'm sorry, but elections don't legitimize an invasion after the fact, especially when that foreign army is occupying the country




You suggest by your wording that your first statement conflicts with anything I've said, which it doesn't.  Read.  I'm the only one who's supplied any reasoning for the illegality of the war.


And you may wish to look up the definition of an occupying force and contrast that with the situation in Iraq.


Then take a look at the UN criteria for an unjust war, which I've paraphrased, and examine my statements.


Then explain to me how anything I've said is incorrect.

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OfflinePhred
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Re: The Reader's Digest worldwide poll [Re: johnm214]
    #9052942 - 10/09/08 10:50 AM (15 years, 6 months ago)

Quote:

I didn't ask about Iran... I've asked repeatedly, are you saying there is no functional limit or that there is no limit whatsoever to what and why bush could have used force in iraq?




The resolution authorizes - in the case of Iraq - the President of the United States to use the Armed Forces as he determines necessary and appropriate in order to enforce (Iraq's) compliance with UNSC resolutions.

Yes, the authorization is "limited" in the sense that the president cannot use the military to pilfer artwork from Iraqis. But he didn't use the military for that purpose. He  used the military to enforce the UNSC resolutions.

How this constitutes any practical kind of "limitation", however, is beyond my ability to grasp.

Your initial statement with which I took exception is this -

Quote:

The US declared a limited authorization for military force.  That's not a decleration of war in my opinion.




The authorization is not "limited" in any sense which matters when it comes to its function as a declaration of war. When you authorize the president of your country to use military force against another country, that is a declaration of war whether you prohibit those military forces from pilfering artwork while carrying out their other duties or not.

While this isn't the proper thread in which to draw this out, this statement of yours is also debatable:

Quote:

And the whole issue is whether the Bush adminsitration followed the declaration, which I think a credible case can be made that they did not.




No, no "credible case" can be made against Bush on this one at all. The declaration was followed to the letter. Again, this is not the thread in which to pursue this tangent, though.



Phred


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