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  #151 (permalink)  
Old 05-08-2008, 06:30 AM
Publius Infinitum Publius Infinitum is offline
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Originally Posted by bugalugs View Post
N0 - you don't understand the law. You are misunderstanding the language used:

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Get it. The UNSC SHALL DETERMINE - not the USA or George Bush or John Howard or anyone else - the Security Council shall determine the existence of any threat to the peace

What shall the Security Council determine and for what purpose and on what authority and furthermore, what power does it possess to enforce its determination?

ANSWER: The Security Council shall determine, whatever, for the purposes of executing a decision so that it may influence, to the degree that it is able, some resolution where the council itself can come to agreement on a particular course of action. However, the Security Council is a committee of opposing forces and rarely comes to agreement on anything... thus where the Security Council does not agree, a resolution cannot be determined and thus the issue continues to fester... THIS is why no nation is obligated, BY LAW to comply with ANYTHING that the UN decides… ALL nations however are urged to cooperate, towards the goal of peace, or they face the risk of cooperative efforts by those member states which, given whatever the necessity may be, could well result in detrimental consequences… See: The Afghan and Iraq campaigns within the US war on terror.

The UN Security Council has absolutely NO AUTHORITY! NONE, ZIP, ZERO, NADA... it stands as a representative body of ideologically opposed nations whose only concern is the best interests of their respective nations.

The UN Security Council has NO POWER: NONE...

The only power that the UN has is that which the member states agree to exert through their respective military capability... Not ONE MEMBER is bound by ANY LAW to comply with UN Sanctions, or UN demands for troops to execute the decisions of the Security Council.

Do you see anyone besides radical anti-American pro-terrorists leftists (pardon the redundancy) calling for sanctions against the US for invading Iraq? Are there any sovereign members of the UN advancing their respective militaries against the US for this would-be violation of which you speak?

ANSWER: NO, you do not...

Why not?

ANSWER: Because no such violation exists and they have neither the authority nor the power on which to act...

Thus friend your assertion is conclusively proven to be NONSENSE...

I hope that clears that up for you.
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  #152 (permalink)  
Old 05-08-2008, 10:28 AM
BigRed BigRed is offline
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Originally Posted by Publius Infinitum View Post
FAIL!

You intentionally failed to address the issue; thus your argument fails, again (AS USUAL)...

For the edification of the objective third party that may read this thread: The issue was that the USC does NOT declare the method by which Congress shall declare war... That, in fact, Congress did declare war post 9-11 and did so in authorizing the use of military force. Where one sovereign uses military force against another sovereign nation, WAR is the only potential function of that use; thus authorizing the executive to use military force against another sovereign the congress, IN POINT OF FACT: DECLARED WAR.

There is NOTHING in the USC which requires Congress to use any particular language in delcaring war; it does not mandate that the phrase "DECLARE WAR" must be used when congress asserts its authorization.

The member is being intentionally obtuse to protect a failed position and has repeatedly refused to answer the salient question in that failed defense.
[/quote]
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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  #153 (permalink)  
Old 05-08-2008, 10:29 AM
BigRed BigRed is offline
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Originally Posted by MrRelevant View Post
I still find it hilarious (and stunning) that some of you seem to take comfort in the fact that the UN charter somehow supercedes your US Constitution.Even more funny is how you still ignore the fact that UN cannot even police itself and was deeply intertwined with scandals that would deeply effect their ability to make sound judgements in accordance with the procedures necessary for 'authorization' to make any action against Iraq 'legal'.

We are still fighting the war in Iraq IN RESPONSE to an attack on the US.If there were no 911 there'd be no OIF,Saddam probably would still be (*)(*)(*)(*)ting on his 24k gold toilet bowls.Article 51 Un charter makes it alright,dont worry.

The other question that needs asking or perhaps has been asked:

Wheres the indictment from the UN? Sure they bellyached but I dont recall 'war crimes' ever being pushed.If we broke THEIR rules somehow (which we didnt -article 51) shouldnt THEY be the ones demanding justice? Once again liberals advocate for others that choose not advocate for themselves.
If 9/11 didn't happen, we still would have fought in Iraq one way or another. Iraq had nothing to do with 9/11 though.

Last edited by BigRed; 05-08-2008 at 10:30 AM.
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  #154 (permalink)  
Old 05-08-2008, 10:43 AM
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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.[/quote]

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?
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  #155 (permalink)  
Old 05-08-2008, 10:52 AM
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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.
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:

Quote:
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.
http://www.albionmonitor.com/0402a/i...itutional.html
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  #156 (permalink)  
Old 05-08-2008, 10:54 AM
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So the President is commander and chief, he was authorized by congress to use force. The act of congress authorizing the use of force is a declaration of war, no matter how you try and twist it.
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  #157 (permalink)  
Old 05-08-2008, 10:55 AM
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Originally Posted by Anikdote View Post
So the President is commander and chief, he was authorized by congress to use force. The act of congress authorizing the use of force is a declaration of war, no matter how you try and twist it.
I guess you completely missed the analogy or just didn't give a crap.
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  #158 (permalink)  
Old 05-08-2008, 11:26 AM
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No I'm not interested in analogies. I'm trying to stick to reality. If congress grants the power for the chief exec to use force, they've made a declaration of war, no other point needs to be made.
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  #159 (permalink)  
Old 05-08-2008, 11:27 AM
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Originally Posted by Anikdote View Post
No I'm not interested in analogies. I'm trying to stick to reality. If congress grants the power for the chief exec to use force, they've made a declaration of war, no other point needs to be made.
They passed the power to the President.

You can't do that under the Constitution of the United States.

Only Congress can authorize force. They can't grant the President the power to authorize force.
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Old 05-08-2008, 11:29 AM
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They didn't pass the buck, they authorized the use of force(like you said). The authorization of the use of force is a declaration of war. I'm not sure I can explain this any more simply.

Authorization for the use of force = declaration of war. Period.
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