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  #171 (permalink)  
Old 05-08-2008, 01:18 PM
C-D-P C-D-P is offline
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Originally Posted by bugalugs View Post
Read carefully. Try to understand.


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.

On matters of the existence of any threat to the peace, breach of the peace, or act of aggression - it is the Security Council that "shall determine" whether these things exist.

Not individual nations. The wording says exactly that they decide for the other nations. By agreeing to this clause in this treaty, the USA has agreed that in matters between UN Member States - the USA relinquishes its right to decide on the existence of any threat to the peace, breach of the peace, or act of aggression - because the UN Security Council SHALL DETERMINE this




What is to ignore?

It says that if the UN Security Council has determined that threat exists - then the UN Seciurity Council 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.

Why do you keep ingoring the words directly after those - " or decide what measures shall be taken"


It is very clear.

By invading a UN member nation without sanction from the UN Security Council - it is the invading nation(s) that has determined the existence of any threat to the peace, breach of the peace, or act of aggression.

This is contrary to Article 39, which says that the UN Security Council will determine this - NOT the member nation.

And it was the member nation that decided what measures would be taken in response to this perceived threat.

This is contrary to Article 39, which says that the UN Security Council will decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Because the action was directly contrary to the provisions of Article 39 - it is illegal under Article 39.

I don't know how I can explain this any more simply to you.

If you don't understand how to read law - please don't try to pretend that you do.

I am still waiting for you to back your origional claim. But until you do that. here we go again.

When they are deciding. It is what they are going to do. As they decided to do nothing. We were justified. They can not decide what we can or can not do. As stated in Article 51.

Try again there buddy.
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  #172 (permalink)  
Old 05-08-2008, 01:21 PM
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The UN Charter also states that it has no explicit powers to control the actions of member nations. It's merely and advisory board, if part of joining meant having to succumb to the will of the council there wouldn't be any members.

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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…

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...
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I don't see any reason to repeat things that we've already covered. Your going to have to come up with another angle because the 'illegal war' thing just isn't sticking. So I either get to believe your the most brilliant legal mind in our country, or that someone smarter has already tried to take this to court and failed, just like your doing here.
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  #173 (permalink)  
Old 05-08-2008, 01:34 PM
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"Yea, though we walk through the valley of the shadow of death we will fear no evil - cause we're the meanest motherfu**ers in the valley !!!!"

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  #174 (permalink)  
Old 05-08-2008, 01:59 PM
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Originally Posted by BigRed View Post
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.
Sure SFB; No problem...

http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html

Authorization for Use of Military Force
September 18, 2001

Public Law 107-40 [S. J. RES. 23]


107th CONGRESS



--------------------------------------------------------------------------------


JOINT RESOLUTION
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

----------------------------------------------------------------

http://www.whitehouse.gov/news/releases/2002/10/20021002-2.html

"... Whereas Congress in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) has authorized the President "to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677";

Whereas in December 1991, Congress expressed its sense that it "supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102-1)," that Iraq's repression of its civilian population violates United Nations Security Council Resolution 688 and "constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region," and that Congress, "supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688";

Whereas the Iraq Liberation Act (Public Law 105-33 expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime; ..."

Again, I hope that despite your severe intellectual limitations that you'll be able to muster sufficient means to recognize that the authorization of the use of military force is by definition, A Declaration of War.

While it's not a ton of hope... as you've yet to demonstrate even this minimal means, I suppose there is always... Hope.

So, just to head your severely limited @$$ off... whn you fail and we both know ya probably will; meaning you reject that these two declaration authorizing the use of military force are not "Declarations of War" then you will need (and note this is the THIRD TIME you've been challenged to provide this...) to return with the language in the USC wherein it spells out the specific outlines by which the Congress must declare war, for it to be super-official...

Best of luck...

Last edited by Publius Infinitum; 05-08-2008 at 02:00 PM.
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  #175 (permalink)  
Old 05-08-2008, 03:16 PM
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Originally Posted by C-D-P View Post
Your opinion.

We have already established that it was believed that they were a threat. Read the rest of the link I posted. You will find that it is well within the constitutional rights of the president to authorize military action without a declaration of war.

Well the second and third lines are enough.

"The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations.

The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11."

You have no argument here friend.
The above may be an opinion. Sure.

The fact that Congress passed the power to declare war to the President is not. The fact that the Iraq War is unconstitutional is not.

I don't care about the Joint Resolution either. That is just more legislation that is more nonsense. That passes power to the President that he doesn't have granted to him by the Constitution.

I also don't care about the War Powers Resolution either. It is again, more nonsense legislation that passes the power to the President unnecessarily and unconstitutionally.
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  #176 (permalink)  
Old 05-08-2008, 03:21 PM
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Quote:
Originally Posted by BigRed View Post
The above may be an opinion. Sure.

The fact that Congress passed the power to declare war to the President is not. The fact that the Iraq War is unconstitutional is not.

I don't care about the Joint Resolution either. That is just more legislation that is more nonsense. That passes power to the President that he doesn't have granted to him by the Constitution.

I also don't care about the War Powers Resolution either. It is again, more nonsense legislation that passes the power to the President unnecessarily and unconstitutionally.
YOUR ARGUMENT FAILS!

Your default concession is noted and summarily accepted.

You have failed to support your argument. You have made claims which have been repeatedly refuted and you continue to return to advance them as if they were uncontested.

If you continue to troll this thread, I'll lobby site staff to take measures to stop this absurd behavior.

Last edited by Publius Infinitum; 05-08-2008 at 03:25 PM.
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  #177 (permalink)  
Old 05-08-2008, 03:26 PM
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Quote:
Originally Posted by Publius Infinitum View Post
Sure SFB; No problem...

http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html

Authorization for Use of Military Force
September 18, 2001

Public Law 107-40 [S. J. RES. 23]


107th CONGRESS



--------------------------------------------------------------------------------


JOINT RESOLUTION
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

----------------------------------------------------------------

http://www.whitehouse.gov/news/releases/2002/10/20021002-2.html

"... Whereas Congress in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) has authorized the President "to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677";

Whereas in December 1991, Congress expressed its sense that it "supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102-1)," that Iraq's repression of its civilian population violates United Nations Security Council Resolution 688 and "constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region," and that Congress, "supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688";

Whereas the Iraq Liberation Act (Public Law 105-33 expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime; ..."

Again, I hope that despite your severe intellectual limitations that you'll be able to muster sufficient means to recognize that the authorization of the use of military force is by definition, A Declaration of War.

While it's not a ton of hope... as you've yet to demonstrate even this minimal means, I suppose there is always... Hope.

So, just to head your severely limited @$$ off... whn you fail and we both know ya probably will; meaning you reject that these two declaration authorizing the use of military force are not "Declarations of War" then you will need (and note this is the THIRD TIME you've been challenged to provide this...) to return with the language in the USC wherein it spells out the specific outlines by which the Congress must declare war, for it to be super-official...

Best of luck...
Your elitism is not necessary.

Nonetheless, apparently a distinction is not being made between Congress declaring war and Congress passing the authorization to render force on foreign lands to the President. Apparently, the analogy I used was skipped over it because it doesn't help the argument of my opponents here.

Futhermore, in the Iraq Resolution it mentions nothing of the Constitution and only mentions the UN numerous times. Hmmm. Nonetheless, again, the power to Declare War is vested in the Legislative Branch. Not the Executive. Not the Judicial. And the balance of power can't be passed around. Again, revert back to my earlier analogy.
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  #178 (permalink)  
Old 05-08-2008, 03:27 PM
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Quote:
Originally Posted by Publius Infinitum View Post
YOUR ARGUMENT FAILS!

Your default concession is noted and summarily accepted.

You have failed to support your argument. You have made claims which have been repeatedly refuted and you continue to return to advance them as if they were uncontested.

If you continue to troll this thread, I'll lobby site staff to take measures to stop this absurd behavior.
You haven't refuted anything sir.

You suggest that Congress has unconventionally declared war through the resolution.

I suggest otherwise.

Great speech by Ron Paul prior to the Iraq War. Notice his wisdom and foresight. The mark of a true leader. Nonetheless, I doubt it will be read by anyone other than myself.

Quote:
Ron Paul in the US House of Representatives, October 3, 2002

The last time Congress declared war was on December 11, 1941, against Germany in response to its formal declaration of war against the United States. This was accomplished with wording that took less than one-third of a page, without any nitpicking arguments over precise language, yet it was a clear declaration of who the enemy was and what had to be done. And in three-and-a-half years, this was accomplished. A similar resolve came from the declaration of war against Japan three days earlier. Likewise, a clear-cut victory was achieved against Japan.

Many Americans have been forced into war since that time on numerous occasions, with no congressional declaration of war and with essentially no victories. Today’s world political condition is as chaotic as ever. We’re still in Korea and we’re still fighting the Persian Gulf War that started in 1990.

The process by which we’ve entered wars over the past 57 years, and the inconclusive results of each war since that time, are obviously related to Congress’ abdication of its responsibility regarding war, given to it by Article I Section 8 of the Constitution.

Congress has either ignored its responsibility entirely over these years, or transferred the war power to the executive branch by a near majority vote of its Members, without consideration of it by the states as an amendment required by the Constitution.

Congress is about to circumvent the Constitution and avoid the tough decision of whether war should be declared by transferring this monumental decision-making power regarding war to the President. Once again, the process is being abused. Odds are, since a clear-cut decision and commitment by the people through their representatives are not being made, the results will be as murky as before. We will be required to follow the confusing dictates of the UN, since that is where the ultimate authority to invade Iraq is coming from – rather than from the American people and the U.S. Constitution.

Controversial language is being hotly debated in an effort to satisfy political constituencies and for Congress to avoid responsibility of whether to go to war. So far the proposed resolution never mentions war, only empowering the President to use force at his will to bring about peace. Rather strange language indeed!

A declaration of war limits the presidential powers, narrows the focus, and implies a precise end point to the conflict. A declaration of war makes Congress assume the responsibilities directed by the Constitution for this very important decision, rather than assume that if the major decision is left to the President and a poor result occurs, it will be his fault, not that of Congress. Hiding behind the transfer of the war power to the executive through the War Powers Resolution of 1973 will hardly suffice.

However, the modern way we go to war is even more complex and deceptive. We must also write language that satisfies the UN and all our allies. Congress gladly transfers the legislative prerogatives to declare war to the President, and the legislative and the executive branch both acquiesce in transferring our sovereign rights to the UN, an un-elected international government. No wonder the language of the resolution grows in length and incorporates justification for starting this war by citing UN Resolutions.

In order to get more of what we want from the United Nations, we rejoined UNESCO, which Ronald Reagan had bravely gotten us out of, and promised millions of dollars of U.S. taxpayer support to run this international agency started by Sir Julian Huxley. In addition, we read of promises by our administration that once we control Iraqi oil, it will be available for allies like France and Russia, who have been reluctant to join our efforts.

What a difference from the days when a declaration of war was clean and precise and accomplished by a responsible Congress and an informed people!

A great irony of all this is that the United Nations Charter doesn’t permit declaring war, especially against a nation that has been in a state of peace for 12 years. The UN can only declare peace. Remember, it wasn’t a war in Korea; it was only a police action to bring about peace. But at least in Korea and Vietnam there was fighting going on, so it was a bit easier to stretch the language than it is today regarding Iraq. Since Iraq doesn’t even have an Air Force or a Navy, is incapable of waging a war, and remains defenseless against the overwhelming powers of the United States and the British, it’s difficult to claim that we’re going into Iraq to restore peace.

History will eventually show that if we launch this attack the real victims will be the innocent Iraqi civilians who despise Saddam Hussein and are terrified of the coming bombs that will destroy their cities.

The greatest beneficiaries of the attack may well be Osama bin Ladin and the al Qaeda. Some in the media have already suggested that the al Qaeda may be encouraging the whole event. Unintended consequences will occur – what will come from this attack is still entirely unknown.

It’s a well-known fact that the al Qaeda are not allies of Saddam Hussein and despise the secularization and partial westernization of Iraqi culture. They would welcome the chaos that’s about to come. This will give them a chance to influence post-Saddam Hussein Iraq. The attack, many believe, will confirm to the Arab world that indeed the Christian West has once again attacked the Muslim East, providing radical fundamentalists a tremendous boost for recruitment.

An up or down vote on declaring war against Iraq would not pass the Congress, and the President has no intention of asking for it. This is unfortunate, because if the process were carried out in a constitutional fashion, the American people and the U.S. Congress would vote "No" on assuming responsibility for this war.

Transferring authority to wage war, calling it permission to use force to fight for peace in order to satisfy the UN Charter, which replaces the Article I, Section 8 war power provision, is about as close to 1984 "newspeak" that we will ever get in the real world.

Not only is it sad that we have gone so far astray from our Constitution, but it’s also dangerous for world peace and threatens our liberties here at home.

Last edited by BigRed; 05-08-2008 at 03:38 PM.
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  #179 (permalink)  
Old 05-08-2008, 04:00 PM
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Originally Posted by BigRed View Post
You haven't refuted anything sir.
FAIL!


ABSURD! You've chronically rejected refutation of this asinine position, refused to provide a valid basis in reasoning for these rejections as well as refused to provide supporting evidence for discredited positions.

Quote:
You suggest that Congress has unconventionally declared war through the resolution.

I suggest otherwise.
I didn't suggest anything sis; I stated as INCONTESTABLE FACT that authorizing the use of military force against a sovereign nation is a declaration of WAR... providing IRREFUTABLE Documentation, which you simply reject out of hand, absent any discernable basis in valid reasoning while refusing to respond to a repeated and reasonable challenge for you to simply cite a constitutional source in support of your long discredited argument which hinges upon a constitutional basis. Thus...

You FAIL!

Last edited by Publius Infinitum; 05-08-2008 at 04:06 PM.
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  #180 (permalink)  
Old 05-08-2008, 05:03 PM
C-D-P C-D-P is offline
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Originally Posted by BigRed View Post
The above may be an opinion. Sure.

The fact that Congress passed the power to declare war to the President is not. The fact that the Iraq War is unconstitutional is not.

I don't care about the Joint Resolution either. That is just more legislation that is more nonsense. That passes power to the President that he doesn't have granted to him by the Constitution.

I also don't care about the War Powers Resolution either. It is again, more nonsense legislation that passes the power to the President unnecessarily and unconstitutionally.
Please read the whole reference. You will find that it is well documented that the president can do whatever he wants with the military to protect the US. There are many examples that support this, not only from recent times. But from the fathers themselves. It was long ago stated (directly after it was written) that declaring war is not necessary for military action.

If you would have actually read my reference we would not be having this conversation right now.

For example. If you would have actually read it you would have read this part.

"Constitutional Text. The text, structure and history of the Constitution establish that the Founders entrusted the President with the primary responsibility, and therefore the power, to use military force in situations of emergency. Article II, Section 2 states that 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." U.S. Const. art. II, § 2, cl. 1. He is further vested with all of "the executive Power" and the duty to execute the laws. U.S. Const. art. II, § 1. These powers give the President broad constitutional authority to use military force in response to threats to the national security and foreign policy of the United States. (3) During the period leading up to the Constitution's ratification, the power to initiate hostilities and to control the escalation of conflict had been long understood to rest in the hands of the executive branch. (4)"

Now if you are willing to simply say that it does not meet with your interpretation of the constitution, then that is fine. But that does not make it illegal.

And as such, you would never be able to argue that it was illegal.

Please try again.
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