Are we at war?

[spinbaby]

I was just watching the news about that Supreme Court case where they're arguing that they can keep anyone at Gitmo as long as they like because, "We're at war."

Are we at war? Doesn't congress actually have to declare war?

[Jack_Dawson]

1. Freepers own the three branches of government

They can do as they see fit apparently.

[Kitsune]

2. Personally, I don't think empire-building should be classified as war.

But that's just me.

[xchrom]

3. doing what we have done to a country

with not even half the military resources that we have constitutes something other than war.
so even if congress authorized war in this case -- the whole adventure has been criminal.

[izzie]

4. I think we have been at war my whole life and I was born early 30's.

I am sick of it as we are always fighting someone. I do not think we have had a declared war with congress since WW2 but I may be wrong. For some odd reason we have let our Presidents have the power our founders wanted only congress to have.

[papau]

5. No - 1798 "war" ok'd by USSC because "authorized" by Congress

in some manner.

Truman with Korea was first to send folks to battle without any Congressional vote on the topic beforehand.

Since then Reagan and Bush41 and Clinton and Bush43 have sent folks to battle with no Congressional authorization - so the USSC could rule that we are not at war because the 1798 concept - a declaration of war or some other Congressional authorization - has not been met.

Likewise Congress could claim back its power by just demanding such a vote.

I expect neither to happen since separation of powers does not fit with GOP control everything and "we are in lockstep behind one leader" mantra.

Nazi?? - nah - just the way it is and will remain until the press gets a spine.

[doni_georgia]

6. "Any means necessary"

Bush went before Congress to ask for permission to use "all means (Bush) determines to be appropriate, including force, to enforce United Nations Security Council resolutions, "defend the national security interests of the United States against a threat posed by Iraq, and restore international peace and security in the region".

The US has not declared war according to provisions provided in the Constitution since WWII. In 1973 the US Congress passed the War Powers Act. Under this legislation a President has 90 days after introducing troops in an armed conflict to get Congressional approval.

The Congress granted Bush what he asked for in the COngressional Resolution on Iraq passed in October 2002. Under this resolution, the President "is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to
1) defend the national security of the United States against the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that

(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to this resolution 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 terrorists attacks that occurred on September 11, 2001.

(c) WAR POWERS RESOLUTION REQUIREMENTS-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supersedes any requirement of the War Powers Resolution.

SEC. 4. REPORTS TO CONGRESS.

(a) The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of Public Law 105-338 (the Iraq Liberation Act of 1998). "

See http://hnn.us/articles/1282.html for full text

[muriel_volestrangler]

7. It seems to me the war is over by Bush's definition

since the (illusory) threat to the US is now shown definitely to not exist, and international peace and security now exists in the region - Iraq is no threat to any country. The fighting is internal to Iraq; the UN recognises the US as leading a multinational occupying force. That's not war. Afghanistan has a supposedly sovereign leader, with whom the US has no argument, so there's no war there either.

The 'war on terror' is only a metaphor and sound bite - no-one would use it as a basis for legal definitions.

[doni_georgia]

8. Here's the coverage on CBS

http://www.cbsnews.com/stories/2004/04/19/opinion/courtwatch/main612623.shtml

[Feanorcurufinwe]

9. They told Olsen that was irrelevant to the case.

[Monkey see Monkey Do]

10. It's something which has often confused me

Whenever Guantanamo gets discussed here, the US spokesman says the same thing -- that "the War on Terror" is a war & since Bush declared it, the US has been in a national emergency ever since. However, I've never seen this claim made outside of the Gitmo arguments, so who knows. :shrug:

[spinbaby]

11. Didn't they also claim we weren't at war?

I seem to remember that when the Geneva Conventions were brought up, it wasn't a real war and they weren't real prisoners.