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If the United States Is Going to War With Venezuela...

Salty

20,000 Posts Club
Administrator
So, why didn't the US declare War for Korea, Nam, GWOT?

Does the COTUS require it?

Does it really matter
 

KenH

Well-Known Member
So, why didn't the US declare War for Korea, Nam, GWOT?

Per the U.S. Constitution, the United States Congress should have declared war in all of those cases(I am assuming that GWOT means the conflict in Iraq).

Per the U.S. Constitution, the United States has not been in a constitutional state of war since World War II.

Does the COTUS require it?

Absolutely!

Does it really matter

It does to those who care about the rule of law in the United States.
 

Tea

New Member
Would it be true that the president could immediately deploy troops into another country by declaring a national emergency?
 

Tea

New Member
But for airstrikes like in Iran, he has authority to do a spanking or two.

True, but Iran and Venezuela have vastly different agendas. Iran aimed to develop a nuclear weapon, and air strikes proved effective in dismantling their nuclear facilities. Constant air strikes against Venezuela would be limited, as they would not address underlying issues such as drug trafficking or the need for regime change.
 

KenH

Well-Known Member
But for airstrikes like in Iran, he has authority to do a spanking or two.

Regarding the use of force by the United States, I do not see in the section on the use of force, the authorization for the executive branch to administer a "spanking or two" as such powers rest with the U.S. Congress. Remember, the executive branch is to carry out the wishes of the legislative branch, nothing more or less.

Excerpt from Article I, Section 8:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
 

Charlie24

Well-Known Member
True, but Iran and Venezuela have vastly different agendas. Iran aimed to develop a nuclear weapon, and air strikes proved effective in dismantling their nuclear facilities. Constant air strikes against Venezuela would be limited, as they would not address underlying issues such as drug trafficking or the need for regime change.

There's grey area in the Constitution for the POTUS to have some working room without Congress.

All of this is just another opportunity to push the King thing the left has going on.

He knows his limits and if he makes a mistake don't worry, the Dems will take care of it.
 

Salty

20,000 Posts Club
Administrator
Article I - Section 8 - "The Congress shall have Power to,.." "...to declare war..."
Note: it says Congress has the power to declare war
BUT it does not State that Congress MUST declare war!

Is this a "loophole" maybe - but as kyredneck stated "it's brevity leaves it wide open to interpretation."
 

Salty

20,000 Posts Club
Administrator
Did anyone Congressman or other wise - attempt to have Congress declare War for Korea and/or Nam?
Congress has only declared War for 5 different wars.
The first military action taken without declaring war was in 1798 by President Adams
So much for "We know what the founders meant. Their outside writings and their governmental practices plainly show us."
Also it is interesting that Congress did not declare war against the CSA for the War of Southern Independence!
(but that was for political reasons!)
Info from Wiki:
 

KenH

Well-Known Member
It's like the scriptures, it's brevity leaves it wide open to interpretation.

2 Peter 1:20 Knowing this first, that no prophecy of the scripture is of any private interpretation.

2 Peter 3:16 As also in all his epistles, speaking in them of these things; in which are some things hard to be understood, which they that are unlearned and unstable wrest, as they do also the other scriptures, unto their own destruction.
 

KenH

Well-Known Member
All of this is just another opportunity to push the King thing the left has going on.

Concerns over a president getting the United States involved in a war outside of the constraints of the Constitution did not start when Donald Trump became president.

He knows his limits and if he makes a mistake don't worry, the Dems will take care of it.

That is a horrible position for the United States to be in. The framers of the Constitution did not make provision for political parties in the construction of the Constitution, much less expecting political parties to be a check on the exercise of power by the executive branch(that was to be accomplished by each of the three branches fighting to keep the other branches out of their business); a problem which has become much worse during the 21st century when a political party of the same party as the president has control of the Congress, as then the Congress pretty much is just a rubber stamp for the president.
 
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