Re: WAR: Apparently the internet does NOT see censorship as damage and route

From: Dehede011@aol.com
Date: Thu Mar 27 2003 - 06:07:16 MST

  • Next message: hubert mania: "Re: (WAR) Proud 'n' Pray Patriotism (Was: Apparently the internet...)"

    In a message dated 3/27/2003 5:29:29 AM Central Standard Time,
    Spudboy100@aol.com quotes: and without Security Council sanction this war
    violates international law (according to the legal experts in this part of
    the world). In fact, has there even been a proper declaration of war?--
    Christian "naddy" Weisgerber

    Naddy,
           You raise two points:
    1. International law.
    2. A proper declaration of war..

           I've observed international law at work and it seems to be a sometimes
    thing. We have recently had a debate on that subject on these pages. I did
    not participate in that debate nor do I know of any general conclusions that
    were agreed upon. However, I do not know of our having ever voluntarily
    surrendered any part of our sovereignty to the UN -- witness our retaining
    our right to veto any decision of the security council.
           Your 2nd issue was to question whether or not there had been a "proper
    declaration" of war. Our Constitution calls for Congress to declare war.
    There are no forms for us to fill out, there is no exact procedure to be
    followed beyond the Constitution making it clear that Congress is the only
    one with the legal power to declare war.
           Sometimes, Congress has declared war via a formal resolution
    containing language that we were declaring war -- I strongly believe this was
    case with Japan and Germany in the 2nd World War.
           IMHO, when our Congress passes a resolution authorizing our President
    to take military action in a particular situation that is the legal
    equivalent of a declaration of war. Similarly, I know of no reason that
    Congress cannot declare a limited war if Congress in its wisdom decides to do
    so. The Constitution only says that only Congress can declare war.
           If you think about it having the power declare war invested in
    Congress makes great sense under our Constitution. Under our Constitution
    only our Congress has the power to raise taxes or to authorize expenditure of
    any funds. The two powers go together.
           On the other hand our President is the Commander in Chief of our Armed
    Forces. Congress in its wisdom leaves him some slack in using the military.
    For example if the island of Bermuda declares war on us and begins invading
    the state of Georgia then Congress has left the President sufficient funds
    that he can make an immediate response. But he will soon find himself out of
    money unless Congress decides to declare war and vote the funds necessary to
    support the armed services.
    Ron h.



    This archive was generated by hypermail 2.1.5 : Thu Mar 27 2003 - 06:23:40 MST