Reply #30: Explanation on DU apperars to be everything and anything ... [View All]

[slipslidingaway]

that might cover an introduction of armed forces.

UN resolution
Senate Resolution
A small piece of the War Powers resolution.

You are right about the reason for many Republicans not wanting to challenge Obama now, some things rise above party politics.

:(

http://www.fas.org/sgp/crs/natsec/RL32267.pdf
page 5 and 6

"...Congressional concern about Presidential use of armed forces without
congressional authorization intensified after the Korean conflict. During the Vietnam
war, Congress searched for a way to assert authority to decide when the United States
should become involved in a war or the armed forces be utilized in circumstances
that might lead to hostilities. On November 7, 1973, it passed the War Powers
Resolution (P.L. 93-148) over the veto of President Nixon. The main purpose of the
Resolution was to establish procedures for both branches to share in decisions that
might get the United States involved in war. The drafters sought to circumscribe the
President’s authority to use armed forces abroad in hostilities or potential hostilities
without a declaration of war or other congressional authorization, yet provide enough
flexibility to permit him to respond to attack or other emergencies..."

"Purpose and Policy

Section 2 states the Resolution’s purpose and policy, with Section 2(a) citing as
the primary purpose to “insure that the collective judgment of both the Congress and
the President will apply to the introduction of United States Armed Forces into
hostilities, or into situations where imminent involvement in hostilities is clearly
indicated by the circumstances, and to the continued use of such forces in hostilities
or in such situations.”

Section 2(b) points to the Necessary and Proper Clause of the Constitution as
the basis for legislation on the war powers. It provides that “Under Article I, section
8, of the Constitution it is specifically provided that Congress shall have the power
to make all laws necessary and proper for carrying into execution, not only its own
powers but also all other powers vested by the Constitution in the Government of the
United States....”

Section 2(c) states the policy that the powers of the President as Commander in
Chief to introduce U.S. armed forces into situations of hostilities or imminent
hostilities “are exercised only pursuant to —

(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its
territories or possessions, or its armed forces.”