JoeTheJuggler
Penultimate Amazing
- Joined
- Jun 7, 2006
- Messages
- 27,766
Yes, it does. I even quoted the WPA repeatedly.The WPA does not require specific authorization - at least, not as you are presenting it.
Yes, I have cited the three conditions when the president may take military action: 1) congress declares war, 2) Congress gives specific authorization by statute, and 3) there is an emergency caused by an attack against the U.S.The WPA specifically authorizes the President to commit war if required by statute.
There are generally some legal distinctions between 1) and 2) (most notably that a formal declaration of war triggers a number of other statutes that give the president special powers--statutes not triggered by statutory authorization), but not of the sort you seem to think exist. Both are passed by Congress and are laws.
I disagree. No treaty can go against a U.S. law passed later than it. If there were (hypothetically speaking) a treaty that obliged the U.S. to act, under U.S. law, that obligation would fall to Congress. But that point is moot anyway since there is no treaty that requires the U.S. to intervene in Libya.As treaties are "statutes", Congress clearly intended for the President to have the authority to commit war when a treaty we are signatory to requires it.
You have established no such thing. I even cited language from the U.N. Charter that explicitly says any Security Council agreements requiring military intervention are subject to the ratification process called for by the constitution of the member states (in the case of the U.S. that means ratification by Congress). It is clear from the WPA and the wording of the U.N. Charter (ratified by the U.S. Congress) that it was not expected that Congress can somehow give a blank check to the president some 60 years ahead of time.I have established that Congress intended to give the President the independent authority to commit war in response to treaty obligations,
Except that the President undoubtably can use military force without specific authorization from Congress. There is no doubt about this at all. If the WPA required the President to seek Congressional approval p[rior to using force, there would be no need for the WPA. Indeed, the existance of the WPA is evidence that Congress intended to extend advance approval for the use of force to the President.
Again, the WPA specifies 3 situations when the president may use military force: 1) Congress declares war, 2) Congress gives specific statutory authorization or 3) there is a state of emergency caused by an attack on the U.S.
Much of the WPA is devoted to category 3, since it is most problematic in terms of separation of powers. It is clear that the main thrust of the WPA is that even in cases of emergency (what Obama referred to as "self-defense") the president is to inform and get consent from Congress as soon as it is feasible under the circumstances.
I disagree. Even if such a treaty existed (hypothetically) requiring the U.S. to provide military intervention, absent an emergency threatening the U.S. (the 3rd category in the WPA), the obligation to act falls to Congress to grant the president authorization.My claim is that treaties that require the use of force meet the "statute clause" of the WPA. I believe that I have carried that argument.
[ETA: The "statute clause"--situation number 2 when the president may use military force--calls for specific authorization. You have failed to point to a treaty ratified by Congress that gives the President specific authorization to intervene in Libya.]
Nonsense. I've supported my reading of the WPA with the clear and plain text of it. Again, the thrust of the law is clearly to specify what the president can do and when, and the main intent is to keep the decision to make war in the hands of Congress whenever that is feasible.You ask me to read the WPA in the same post that you demonstrate and [sic] almost singular misunderstanding of the WPA?
Going back to the constitution, granting the authority to declare war to Congress was meant as a check on war-making by the head of state as in the European monarchies especially in the relatively recent history prior to the Revolutionary War.
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