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Originally Posted by Anikdote
Show me the legislation that showed Congress declared war. They didn't. You're wrong.
Congress has to declare war. What they do instead, is pass off that authority to the President of the US. Which is again, wrong.
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The USC states that congress shall declare war, not the means by which they will do so, so this
legislation is all the authority the US need to take action. See the vote was on whether to authorize the use of force in Iraq, not whether nor not to pass the buck as you say. So they voted to use force, how does this not equate to a declaration of war?[/quote]
Because they passed it off to the President.
Good analogy:
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The United States Congress passes a resolution which states: "The President is authorized to levy an income tax on the people of the United States as he determines to be necessary and appropriate in order to pay for subsidies to U.S. oil companies." No amount of legal wrangling could make such a resolution constitutional. Article I, Section 8 of the Constitution grants the power to levy taxes exclusively to the United States Congress.
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Now let us turn to reality. In October 2002, Congress passed a resolution which stated: "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." As he determines to be necessary and appropriate.
Congress cannot transfer to the president its exclusive power to declare war any more than it can transfer its exclusive power to levy taxes. Such a transfer is illegal. These are non-delegable powers held only by the United States Congress.
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http://www.albionmonitor.com/0402a/i...itutional.html