Congress.. a declared war on Terror?

[Hangtime]

It seems that yet again, Congress has handed the President the ball, but has not actually declared a war.

Bad move.

Why has Congress not declared War formally?

[Toad]

Because they are still thinking of the last war, like always.

They want to be able to declare war on a specific country or countries.

It's not going to be that way. There's not going to be one specific country or alliance they can name. There isn't, as Rumsfeld said, going to be a surrender signed on the Missouri either.

So they're doing what Congress does best. Nothing.

[Hangtime]

Whelp; I've heard the dodge on 'not having a country to declare war on' bit before. It don't wash.

The Constitution, Article 1; Section 8.

"The Congress shall have the power.... To declare War; Grant Letters or Marque and Reprisal, and make Rules concerning Captures on Land and Water."

Sure sounds like they have the power to do more than pass a wordy resolution that offers not one whit of international legal protection for the mission or protection of our troops.  

Nowhere in that document does any kind of language exist that excludes the act of declaring war on a person and/or organization. As a point of historical fact the King of Spain and the King of France were named in their persons by British declarations of war in the past.

[Toad]

Hey, I didn't say it would wash. I just said they're always fighting the last war.


Now, Letters of Marque and Reprisal... hmmm... I remember those and I like the sound of it.

But...
 http://majoritywhip.house.gov/constitution/Index/l2word.htm#letters%20of%20marque%20and%20reprisal


Letters of Marque and Reprisal,
A commission given to a private ship by a government to make reprisals on the ships of another country. (No longer legal.)

[Hangtime]

How about..

 

Article. 1. Section. 8. Clause 10

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

[/b]

There's more legal tender in the Constitution for Congress to do the right thing.

A formal Declaration of War on Terrorism is in order!

[Yeager]

Congress would likely need to be more specific than a declared war against terrorism.

A declared war on al-Qaeda would make perfect sense but the truth is we are writing the "how to" manual as we go.

Y

[LtHans]

Actually, we can declare war on another country, Afganistan.  They are directly guilty of knowing and allowing people in their country to conduct acts of war against us.

I don't like the use of the word Terroism, because thats a tactic used by people, not an actual entity you attack.

At any rate this has more in common with going after Mobsters than it does going after Nazi Germany and Japan.  The problem is the mobsters are in other countries.  Their governments have to be held acountable for keeping their citizens from commiting crimes.  Thats what the governments are for.

[Thrawn]

I remember reading a book recently, where  the US congress would not declare war, in a situation where the president wanted them to.  So he gave a letter of marque to a USN carrier.  Out of curiosity, is this still possible?  Apparently this is held up by your constitution.

[Eagler]

leave it open so we can bomb the piss out any and all of the scum responsible for these nutbags....

like Toad said, Congress is best when they are out on recess.
 http://www.washingtonpost.com/wp-dyn/articles/A61023-2001Oct2.html