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Last post 21 years ago by usahog. 20 replies replies.
Court Throws Out Suit Barring Attack on Iraq
usahog Offline
#1 Posted:
Joined: 12-06-1999
Posts: 22,691
anyone want to do some surfing??? I am going to find out who these Clown's were who did this... talk about a waiste of Taxpayers Time and Money... these Congressmen/women don't know Diddly Squat about the United States Constitution... and it shows Below... the funny thing is.. We voted them in... but guess what... we can also Vote them Out... I bet they even did this on Our Dime.. instead of taking personal time off to try and Rape the People of the US...

The U.S. District Court has thrown out a lawsuit filed by six members of Congress and three unidentified members of the military and their families that would have barred the United States from any attack against Iraq without a declaration of war by Congress. In blocking the suit U.S. District Judge Joseph Tauro rejected the contention that the president must have congressional authority to order American forces into combat, saying that "case law makes clear that the Congress does not have the exclusive right to determine whether or not the United States engages in war." Congress has not formally declared a war since World War II.

Enjoy your Tax Dollars at work

Hog
Tobasco Offline
#2 Posted:
Joined: 02-08-2003
Posts: 2,809

Hog, you are saying that the Chief Commanding Officer, of the Military, of the United States of America, may lose the authority to declare war?

Why is Bush's authority, as commander and chief being questioned? He has a very good approval rating, concerning his dealings on the possible war on Iraq.

This here, is just an attempt by Democrats or Liberals to somehow gain control, of what has legally been the Presidents option in a crisis.

When will it end? The left will never accept President Bush. They are sore losers of the election, and are trying from every angle possible, to give Bush a hard time, on almost every issue. Just my opinion.

Mag


usahog Offline
#3 Posted:
Joined: 12-06-1999
Posts: 22,691
No I am saying I will find out who these Congressmen/women are and post them as such... they are using your's mine and everyone else's tax dollars to virtually protest to what our Constitution gives the rights to our President and these Congressmen/woment the power to do.. but not drag it through a court system /Probably on our Dime.. when they should be working Other Issues on Our Dime!!!!
then lets see if they get voted in next time!!!!
Plus I/we don't know these are all democrats

I'll find the info on this one... Who they were!!!

Hog
Charlie Offline
#4 Posted:
Joined: 06-16-2002
Posts: 39,751
Please post if anyone finds out who these idiots happen to be.

Charlie
usahog Offline
#5 Posted:
Joined: 12-06-1999
Posts: 22,691
Lawmakers and Military Families File Suit Against Bush's Authority to Wage War in Iraq

Washington, DC, Feb. 13-Rep. Jim McDermott, along with a coalition of U.S. soldiers, parents of soldiers, and other members of Congress, filed a lawsuit this morning against President George W. Bush and Secretary of Defense Donald H. Rumsfeld. The lawsuit, filed in Boston, seeks to prevent President Bush from launching a military attack on Iraq without the consent of the U.S. Congress. Congressman John Conyers of Michigan, the ranking member of the House Judiciary Committee, is lead plaintiff on the suit.

In October, Congress passed a resolution that gave the President authority to ensure that Iraq does not pose a threat to the United States and complies with United Nations Security Council resolutions regarding Iraq. Many members of Congress-including many who voted in favor of the resolution-say they were not voting to give President Bush the right to declare war. They were voting to enforce inspections and disarmament, steps currently in progress.

"I doubt my colleagues intended to cede their constitutional obligations to this administration in direct violation of our duties to the people of this country," McDermott said.

The suit challenges the authority of the President to wage war against Iraq without a clear declaration of war by the U.S. Congress.

According to Article I, Section 8 of the Constitution, "Congress shall have Power...[t]o declare War." It is on this basis that the plaintiffs have filed suit. Included in the court papers are citations of historical records showing that the authors of the Constitution clearly did not want U.S. presidents to have authority to declare war, as European monarchs had.

Plaintiffs include several parents whose sons are already in the Persian Gulf-including a set of parents living in Washington State-and three members of the Armed Services. Charles Richardson, cofounder of Military Families Speak Out and parent of a member of the National Guard, said, "The President is not a king. If he wants to launch a military invasion against Iraq, he must first seek a declaration of war from the United States Congress."

In addition to the complaint, plaintiffs will seek an immediate hearing on the issue.

"The members of Congress must be the ones to declare a war if there is going to be one," said McDermott. "This is not George Bush's decision, and just because he says it is does not make it so. The people of this country are constitutionally protected from being forced to war without a hearing. Congress must give the people that hearing."

Other plaintiffs are Reps. Dennis Kuchinich (D-Ohio), Jesse Jackson Jr. (D-Ill.), Sheila Jackson-Lee (D-Texas), and Jose Serrano (D-N.Y.).

Now to find out when and what time they did all this... Time to see if there playing games on our Tax Dollars!!!!!

http://lawcrawler.findlaw.com/scripts/lc.pl?entry=attack+against+Iraq+without+a+declaration+of+war+by+Congress&sites=gov

Laterzzzz
Hog


xrundog Offline
#6 Posted:
Joined: 01-17-2002
Posts: 2,212
I would say the key words here are"enforcement of UN resolutions". So if GWB invades Iraq without the approval of the UN, he may actually not have the authority originally granted by congress. No, I have not read all the legal precednts. Both sides have good arguements no doubt. I am sure justification will be made by calling it a "police action" or some such thing. It's a can of worms. I sincerely hope it works out for him and all concerned.
RICKAMAVEN Offline
#7 Posted:
Joined: 10-01-2000
Posts: 33,248
i hope it works out for us, the usa.
usahog Offline
#8 Posted:
Joined: 12-06-1999
Posts: 22,691
the United States can Declare War on any country that presumes to be a Threat... War has already been declared on Terrorism.. it's a Global War... and any countries who do not confer with the mandates that have been lined out in this War Policy are in contempt and be Declared War Upon... going down the List Iraq is one of those Countries...

BUT... the Above Happenings is not something that these Congressmen have done on the Senate Floor like they are suppose to... the way this reads they are Individuals filing a law Suit against the President and his party IF they go to war against Iraq without Approval from Congress and getting Said OK through them...
Why I posted this is to point out, here are Congressmen who are suppose to be representing the People.. that Elected them into Office and instead they are using Our Tax Payers Moneys to try and charge Frivolious Lawsuits in court systems to Gain for themselves... Instead of doing the Right thing and Using there Constitution in which they are to Uphold and take this matter through Do Process IE the Senate Floor....

These Names Listed Above need to be emailed and called and Questions Asked as to why they went this route and at who's expense did they use to venture this route... because this is a matter to be taken care of on the House and Senate Floor... Not in a Court Room!!!!!!

Hog
Spiny Norman Offline
#9 Posted:
Joined: 09-04-2002
Posts: 899
"""Hog, you are saying that the Chief Commanding Officer, of the Military, of the United States of America, may lose the authority to declare war? """

According to the Constitution, the President never had the authority to declare war.

Responsabilities of the Congress.
Article I, section 8. Clause 11:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Responsabilities of the President.
Article II, section 2, Clause 1:
The President shall be 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;

(The applicable bit part being the last 10 words.)

These are the checks and balances that the Founding Fathers put in place to prevent any one branch of our government from having too much power. What these litigants are attempting to do is to use the court system as it was intended to be used to make these decisions. Damn good use of the tax dollars IMHO.
Spiny Norman Offline
#10 Posted:
Joined: 09-04-2002
Posts: 899

Responsabilities of the Judicial branch.

Article III, section 2, Clause 1:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.

You see, the plaintifs believe that the president is violating the constitution. It is the courts function to determine if that is the case. That's what ther'e there for. Filing the lawsuit was the correct procedure.
mkraus47 Offline
#11 Posted:
Joined: 02-04-2003
Posts: 196
Responsibilities of the Congress.
Article I, section 8. Clause 11:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Responsibilities of the President.
Article II, section 2, Clause 1:
The President shall be 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;


Being somewhat a scholar on the subject of the English language and its uses as pertaining to legal documents and even literature, my question is why are the words what they are? Why does it say the word WAR in the congressional duties and yet fail to say WAR again n the Presidential duties? Instead it says, "when called in to actual service." Seems to me the authors could have said, "When called to war" or some such thing just as easily. I say this only because it seems to imply that the forefathers knew there might be cases in which military action is needed without the express declaration of war by congress. This seems to be the way it is interpreted today. Another thing, does this War on Terror constitute a real declaration of war? I thought that it did but maybe I am wrong. I post this only because I want your opinions on the wording as well. I do not me to offend or upset anyone. Let me know what you think. Mike
Spiny Norman Offline
#12 Posted:
Joined: 09-04-2002
Posts: 899
""Why does it say the word WAR in the congressional duties and yet fail to say WAR again in the Presidential duties? Instead it says, "when called in to actual service."""

I suspect it is because at the time it was writtin, the United States did not have a standing army and relied upon militias and volunteers who they intended to disband at the end of the conflict.
usahog Offline
#13 Posted:
Joined: 12-06-1999
Posts: 22,691
Spiny Thank You!! mkraus47 Thank You also!!!

Spiny for looking this matter up further, And Mike for asking the simple Question about the War on Terror that was Declaired and Signed off on almost 1 1/2 yrs ago...
Spiny this Very same Matter is sitting on the Senate Floor and also in the House...they are hashing this out since the first Initial start up of troop build-up in the region around Iraq...there wasn't a need to drag it across the haul into the court systems to find out the President did have the Athuarity to do exactly what he has been doing all along... bringing the matters before Congress and Senate the Only Thing he held back is the Intel things that are Top Secret to the security of this Nation... and I Commend the Administration for that...
What I see is these Congressmen are pissed off at the decision they made some months back and now want to change there mind and there roll in events unfolding... thus WAISTING OUR TAX DOLLARS!!!!!!!!

Hog
Spiny Norman Offline
#14 Posted:
Joined: 09-04-2002
Posts: 899
Fact is, Congress gave him a blank check and he is running with it.
usahog Offline
#15 Posted:
Joined: 12-06-1999
Posts: 22,691
Fact is he is doing something to keep these Terrorists off our streets and on the Run... and these Congressmen don't like it now...

Fact is when Clinton... on the Day of His Impeachments were to take Place Launched Strikes at Bagdad and Saddam Hussain and all these Senators and Congressmen who Now think its a bad Idea were all for it when the same things were going on then as now... only worse... it happened on US Soil and Many Lives were Lost... Only back then when the heat was off Clinton his War ended...

Same Senetors Different President

Hog
Spiny Norman Offline
#16 Posted:
Joined: 09-04-2002
Posts: 899
""Same Senetors Different President ""

Not exactly, House and Senate are now both controled by the GOP.

http://www.theneworleanschannel.com/politics/1765271/detail.html
usahog Offline
#17 Posted:
Joined: 12-06-1999
Posts: 22,691
They Were controlled by the GOP back then also... and like I said Same One's Jumped on the Bandwagon to launch strikes at Saddam for failing to follow through with UN Sanctions.. ON THE SAME DAY HIS (Clintons) Impeachment Proceedings were to Take Place... and NOW the SAME Democrats are tossing Crap at Bush and His Administration... Amazing how much of a Bad A$$ Saddam was when Clinton was on a Hot Seat... but Now he's a Flower Child!!!!

Give me a Break... it's time for some Real People in the Government!!!!!

Hog
Spiny Norman Offline
#18 Posted:
Joined: 09-04-2002
Posts: 899
""""it's time for some Real People in the Government!!!!! """

You got that right!! I can hardly wait till the 2004 elections when we can make it happen!
usahog Offline
#19 Posted:
Joined: 12-06-1999
Posts: 22,691
LMAO @ Spiny!!!!

I Love Ya Bro!!!!! Now can I have yer Bud Light???

LMAO!!!!

Hog
Spiny Norman Offline
#20 Posted:
Joined: 09-04-2002
Posts: 899
""""I Love Ya Bro!!!!! Now can I have yer Bud Light??? """"

Next time your in North Texas, look me up and I will buy ya a bunch of Bud Lights!!!
usahog Offline
#21 Posted:
Joined: 12-06-1999
Posts: 22,691
http://www.evote.com/index.asp?Page=/news_section/2000-07/07052000Gore2.asp

Hog
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