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