Reply #38: The War Powers Resolution is as clear as it can possibly be when it enumates ONLY 3 options [View All]

[Luminous Animal]

that a President can exercise when engaging our military in a new war.

(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, 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.

If any of the above conditions are met, the the 60 day condition kicks in.

These are known as facts upon which and intelligent person may form an opinion.

One method of teaching is to break down a complex problem and relate it to real life experiences. Here is an example from my own life...

When my daughter was a new teenager, she wanted to go out with her friends at night (AKA; engaging the military).

1 ) Her Dad and I had a parental (AKA; Constitutional) duty that stipulated the she consult with us before she went out (AKA; engaging the military).
2 ) Even though she may have screamed, "I hate you and I can do what I want!", we nevertheless asserted our authority (AKA, The War Powers Resolution) and stipulated that:
a ) Based on that discussion of; who, what, where, and when... and gleaning as much extraneous information as possible (phone numbers of friends and other parental units, bus schedules, etc.) her dad and I, in consultation with each other, would say yea or nay (AKA; declaration of war).
b ) Recognize that we already said she could go to that concert two months ago (AKA; specific statutory authorization)
c ) Allow for the fact that if there is an earthquake and we are unreachable she may arrange to meet up with her friends (AKA; respond to an attack).

3 )If and only if any of the above stipulations are operative then the following conditions will apply:
a ) She must report when she reaches her destination (AKA; the 48 hour rule).
b ) She must call us every hour (AKA; the 60 day rule).
c ) We reserve the right to order her home at any time (AKA; the 30 day rule).

There is nothing in that parental duty (Constitution) and the rules (The War Powers Act) that would have allowed my daughter to skip step #2 and to straight to step #3.


(Edited to clean up some formatting.)