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Originally Posted by brianb
What was FDR thinking? I must have missed the C-SPAN broadcast of the President declaring war on Iraq. Perhaps you could point me to the video.
So the President of the United States has to declare war to make it Constitutional? Here I thought that Congress had the power to declare war, not the President, per the Constitution of the United States. Once again, no where in the Constitution does it outline how Congress has to go about declaring war (i.e. no specific wording, terms, etc.).
Maybe you are reading another country's constitution? If you are still sure you are reading the Constitution of the United States, please reference were exactly it states that the President must make a speech declaring war and how Congress is to precisely word their declaration of war.
For your further reading pleasure, from the United States Court of Appeals Doe vs. Bush:
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Nor is there clear evidence of congressional abandonment of the authority to declare war to the President. To the contrary, Congress has been deeply involved in significant debate, activity, and authorization connected to our relations with Iraq for over a decade, under three different presidents of both major political parties, and during periods when each party has controlled Congress. It has enacted several relevant pieces of legislation expressing support for an aggressive posture toward Iraq, including authorization of the prior war against Iraq and of military assistance for groups that would overthrow Saddam Hussein. It has also accepted continued American participation in military activities in and around Iraq, including flight patrols and missile strikes. Finally, the text of the October Resolution itself spells out justifications for a war and frames itself as an "authorization" of such a war.
http://www.ca1.uscourts.gov/pdf.opin...3-1266-01A.pdf
05-04-2017
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