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Congressional Resolution (and) Presidential Emergency War Powers Authorities
On March 21, 2003, President Bush reported to Congress, "consistent with the War Powers Resolution," as well as P.L. 102-1 and P.L. 107-243, and "pursuant to" his authority as Commander-in-Chief, that he had "directed U.S. Armed Forces, operating with other coalition forces, to commence operations on March 19,2003, against Iraq." He further stated that it was not possible to know at present the duration of active combat operations or the scope necessary to accomplish the goals of the operation---to disarm Iraq in pursuit of peace, stability, and security both in the Gulf region and in the United States."
On March 18,2003, President Bush notified the Speaker of the House and the President Pro Tempore of the Senate, "consistent with" section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (P.L. 107-243), his determination that: reliance by the U.S. on further "diplomatic and other peaceful means alone" would not "adequately protect the national security of the United States against the continuing threat posed by Iraq," nor would this "lead to the enforcement of all relevant United Nations Security Council resolutions regarding Iraq." The President further stated that "acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons" involved in the terrorist attacks of September 11, 2001.
On January 21, 2003, President George W. Bush reported to Congress, "consistent with the War Powers Resolution," that about 1,800 U.S. Armed Forces personnel continued to be deployed in Bosnia and Herzegovina, and other regional states as part of the NATO-led Stabilization Force (SFOR). Most were based at Tuzla in Bosnia. About 80 others were based in Hungary and Croatia, providing logistical and other support.
BACKGROUND AND ANALYSIS
Under the Constitution, war powers are divided. Congress has the power to declare war and raise and support the armed forces (Article I, Section 8), while the President is Commander in Chief (Article II, Section 2) in a declared war. It is generally agreed that the Commander in Chief role gives the President power to repel attacks against the United States and makes him responsible for leading the armed forces. During the Korean and Vietnam wars, the United States found itself involved for many years in undeclared wars. Many Members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. On November 7, 1973, Congress passed the War Powers Resolution (P.L. 93-148) over the veto of President Nixon.
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. It requires the President in every possible instance to consult with Congress before introducing American armed forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific Congressional action.
Presidential "Emergency War Powers" is an unconstitutional condition when a complete US Government exists as established by our Constitution, however during the civil war Congress was found without sufficient representatives to fill a legal quorum. Pres-Lincoln began an extra-legal (and unconstitutional) Emergency War Powers posting Executive Orders as needed to keep the government in operation. When the civil war ended, and the US-Gov had a complete Congress as established in the Constitution, Lincoln terminated this unconstitutional War Powers. It was in 1938 that Pres F.D. Roosevelt re-established this unconstitutional Executive Emergency War Powers, it has been slowly added to in dictatorial complexity, no dictator in history has had the power now usurped by the Executive Office and sitting dictator.
Presidents (DEM/GOP) for the past 65 years have secretly passed this illegal Emergency War Powers back and forth between themselves. They use this (illegal) "Emergency War Powers" by 'posting an Executive Order' in the Federal Register, and unless Congress contends this Order, it then becomes 'Law' of the land. As Presidents have been making laws including illegal declarations of war in this manner for 65 years (the last three war-emergencies still in force), it is obvious Congress and the Executive Branch are in violation of US Law and the Constitution.
The Constitution authorizes only the Legislative or Congressional branch the power to 'declare war'. Regarding the Congressional Resolution being referred to, CLICK HERE to read this Resolution, it should prove that all three branches of the US-Gov are now in violation of the oath to protect the Constitution, they would have to swear before allowed to take the Office they were elected to. will show that it was an attempt by Congress (as happened with Nixon/Vietnam in 1970s) to 'limit' Bush in his (unconstitutional) Emergency War Powers. It states clearly authorizing the President (only) to "defend" America (already an Executive Power stated in our Constitution), and in fact qualified the obligation America had to fulfill the United Nations (and ally) agreement involving Iraq.
Included in this resolution were statements that until all these previous United Nations agreements were completed, by all avenues and allies then involved, no action should be taken beyond their resolution guidelines. Today of course documented proof exists showing the Bush Administration along with agents of the Blair government falsified intelligence for the purpose of convincing British and Americans citizens and their government officials that immediate war was an absolute necessity.
Not only has the above been documented and proven, but in (secret) collusion and without UN mandate, they began war with Iraq before the Congressional Resolution was even passed. Recently released secret British-Security memo discloses that sharply increased (Brit/US) missile and warplane bombing began under Bush Administration mandate to "weaken Iraq defenses." Included in this was also secret invasion by CIA-paramilitary and Delta-Force, with apparent inclusion of SAS and other Special British military. There may also have been Private Mercenary forces who were involved.
As indicated above, America has been involved in many wars (since) WWII that by our Constitution were violations of US Law and the Constitution, and in some cases International Law's as was the case involving Iraq. Our present Congressional Resolution Bush refers to calls for "defensive" military actions if necessary (already found in the Constitution), and nowhere within the US Constitution can be found Presidential authority to commit American military into an "offensive" pre-emptive war against a nation who has not attacked America.
The Constitution provides for 'defensive' action by a President against an immediate and proven danger, but is required to be exactly that, an immediate danger that meets unanimous agreement of agencies responsible which should also include as much as possible our allies. The Bush proof (OSP Pentagon radical-cabal) of lies were known for their deceit and error by many who spoke out about obvious and flagrant use of devious liars and single source people offering unsupported intelligence. American Intelligent Agencies told of pressures leading up to the war, also agents warned about Bush Administration 'cherry picking' doubtful Intelligence as though it were multi-sourced in backing. All of this belatedly is now understood to have been deliberate deceit to mislead.
For Congress to have given President Bush authority to engage the US Military against a foreign nation in an (unconstitutional) Offensive War, would have (first) taken a Congressional "Declaration of War" against that nation. Congress by mandate of the Constitution cannot abdicate their War Powers to the Executive branch of government. Research into the 1973 Congressional (failed attempt) to curtail the excesses of Nixon in Vietnam Police-Action, was easily side stepped, all that was necessary is for a President to post an Executive Order "extending" whatever Executive Order had been previously set into operation.
The "terrorist enemy" President Bush refers to above in regard to the 9-11 World Trade Center Attack, at the time according to US and International Intelligence involved 15-Saudi men, and 4-Pakistani men. Later were found involved Pakistani Intelligence plus wealthy families in Saudi Arabia. Intelligence agencies around the world at the time believed and found no connection between Iraq and these radical-Muslim other than agreement as to a common enemy. In fact today almost half (7) of the WTC-Terrorist's ID'd as flying planes are still alive, these are the men identified as flying planes into the WTC-tower's. Immediately after the WTC-attack, about a dozen foreign-agents were arrested with strong evidence of being involved in WTC-attack, and quickly spirited out of America.
The United Nations under complaint were ordered out of Iraq by the Bush Administration or suffer consequences from American organized military forces preparing for immediate attack. Hans Blix leading the UN Weapons Inspectors pleading for a little more time in their successful destruction (documented at 90% destroyed) of Iraq WMD materials. A task that later Bush was unable to equal in smallest quantity despite previously describing (almost the exact locations) of both WMD and Factories that produced these (new) refurbished weapon stockpiles available within a 45 minute interval.
To date, the US Congress has not declared war against the nation of Iraq, nor has Congress attempted to terminate the unconstitutional Emergency War Powers passed on for the past 65 years between (both) Democrat and Republican (Presidents). Lest this Executive War Power be believed a partisan issue, since 1939 it has been used by both Dem and Gop Presidents, and now despite promises to disengage our perpetual war, is again being used unconstitutionally by Pres Barrak Obama. Listen to Ron Paul tell of extremely frightening powers, now allowing the killing of US citizens. | Return to Top | Return to Index of Articles | |