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Can Bush declare war without asking Congress?(8 posts)

Can Bush declare war without asking Congress?Spoiler
Mar 19, 2003 10:44 AM
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Jane, you ignorant slut...53T
Mar 19, 2003 10:53 AM
No, of course he can't. That's why he introduced (and received) a resolution to authorize the use of force in Iraq. You do have a copy of the Constitution, right?
Jane, you ignorant slut...ClydeTri
Mar 19, 2003 10:54 AM
and...under the War Powers Act..a president can use force for a period of time before he has to go to congress....forget the amount of time, but, it is quite awhile..
Actually,TJeanloz
Mar 19, 2003 10:57 AM
The Authorization to use force was not a Congressional declaration of war, and was really just a courtesy from the Administration -- sort of like asking the U.N. was. The War Powers Act lays out the guidelines for use of force, and there is some leeway for the President to act without Congress.
Of course not: Bush doesn't have the authority to declare war...TJeanloz
Mar 19, 2003 10:55 AM
Even with Congressional approval:

Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, impos ts and excises shall be uniform throughout the United States; yada yada yada;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
Wasn't the last declaration of war WWII? nmLeroy
Mar 19, 2003 11:05 AM
Of course not: Bush doesn't have the authority to declare war...Spoiler
Mar 19, 2003 11:09 AM
This doesn't say "sole power to declare war." Does this mean that congress has the power to declare war independent of the president's power to declare war?
Powers not granted,TJeanloz
Mar 19, 2003 11:14 AM
Congress does have the sole power to declare war. The President has no power to declare war. But as the Commander-in-Chief, he has the sole power to execute war.

The U.S. has declared war 11 times in its history:

Great Britain; June 18, 1812
Mexico; May 13 1846
Spain; April 25, 1898
World War I ­ Germany; April 6, 1917
World War I ­ Austria-Hungary; December 7, 1917
World War II ­ Japan; December 8, 1941
World War II ­ Germany; December 11, 1941
World War II ­ Italy; December 11, 1941
World War II ­ Bulgaria; June 5, 1942
World War II ­ Hungary; June 5, 1942
World War II Rumania