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Reply #4: The Resolution placed no requirements on the President to exhaust diplomatic remedies [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-07-08 02:09 AM
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4. The Resolution placed no requirements on the President to exhaust diplomatic remedies
Edited on Thu Feb-07-08 02:26 AM by aint_no_life_nowhere
It gave him open and unfettered discretion to decide for himself when the time had come for war. Section 3 (b)(1) and (b)(2) gave the President the discretion to use the U.S. military "as he determines to be necessary and appropriate". It only required him to report back to Congress with his own determination that further diplomacy was not warranted, which he did. After he submitted his letter and 60 days beyond the limits of the War Powers act, the Congress could have prevented him from continuing the war. No one objected. Here's his letter satisfying the only requirement of the Iraq War Resolution, a report, which he addressed to both Houses of Congress:

March 18, 2003

Dear Mr. Speaker: (Dear Mr. President)

Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and based on information available to me, including that in the enclosed document, I determine that:

(1) reliance by the United States on further diplomatic and other peaceful means alone will neither (A) adequately protect the national security of the United States against the continuing threat posed by Iraq nor (B) likely lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.

Sincerely,

GEORGE W. BUSH
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