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Excerpts from the war powers act

Posted By: ???? on 2006-06-12
In Reply to: 2002 congressional resolution on the Iraq war - ???

Legalease....but should help you get the point. Actually this contends that the president has the ultimate authority...

The President has broad constitutional power to take military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001.
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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.



The President's constitutional power to defend the United States and the lives of its people must be understood in light of the Founders' express intention to create a federal government cloathed with all the powers requisite to [the] complete execution of its trust. The Federalist No. 23, at 122 (Alexander Hamilton) (Charles R. Kesler ed., 1999). Foremost among the objectives committed to that trust by the Constitution is the security of the Nation. (1) As Hamilton explained in arguing for the Constitution's adoption, because the circumstances which may affect the public safety are [not] reducible within certain determinate limits, . . . it must be admitted, as a necessary consequence that there can be no limitation of that authority which is to provide for the defense and protection of the community in any matter essential to its efficiency. Id. (2)

It is 'obvious and unarguable' that no governmental interest is more compelling than the security of the Nation. Haig v. Agee, 453 U.S. 280, 307 (1981) (citation omitted). Within the limits that the Constitution itself imposes, the scope and distribution of the powers to protect national security must be construed to authorize the most efficacious defense of the Nation and its interests in accordance with the realistic purposes of the entire instrument. Lichter v. United States, 334 U.S. 742, 782 (1948). Nor is the authority to protect national security limited to actions necessary for victories in the field. Application of Yamashita, 327 U.S. 1, 12 (1946). The authority over national security carries with it the inherent power to guard against the immediate renewal of the conflict. Id.

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Kirsten Powers

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A BRILLIANT TRAP MAKES DEMS THE MALE CHAUVINISTS
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Click on the link below to access the story.
http://www.nypost.com/seven/08302008/news/columnists/a_brilliant_trap_makes_dems_the_male_cha_126765.htm 


Please use your powers only to do good
Like giving me some moolah too.  You know, spread the wealth around?
Please use your powers only to do good
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Don't need psychic powers. Just talk to a business
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I saw Kirsten Powers, a democratic strategist, on O'Reilly last night. She says
pretty much stick a fork in him, he's done. I think so, too.  I saw some of those two women's posts. They were beyond hateful, anti-Christian, virulent Bush haters, foul, foul gutter language.  What was he thinking!