Senate rejected a call for the withdrawal of U.S. combat forces from Iraq

Seems clear to me that the Republicans have a better handle on the prevailing attitude to this war, rather than the polls. Ken, if the polls are indeed accurate, this vote was a wonderful opportunity for the Democrats to put up or shut up. Your argument includes that this war is unconstitutional, right? Well, here was an opportunity for the Senate to take a Constitutional stand and pull the plug on the war. They choked. Congress still holds the purse strings to this war and, if they have a duty to ensure this "unconstitutional war" is stopped, they also can simply cut off the funds. The votes as to continuance of the war have been overwhelming. Overwhelming. Huge majorities. Congress cut off funds for the Vietnam War. I may think they were wrong in doing so, but they were exercising their power under the Constitution.

 

Not any longer. It is clear that making an argument based on a strict reading of the federal constitution goes nowhere these days.

 

It may "go nowhere" but do you believe that to be the case? Again, I strongly recommend John Yoo's The Powers of War and Peace for a constitutional study of that issue. You may disagree with his conclusions regarding warmaking powers but I think you'll find his historical arguments strong. That is, if you're interested in original intent.

 

No, I do not. I have had discussions elsewhere on the Internet that have persuaded me that the war is not unconstitutional.

 

Is that because there was not a declaration of war by the Congress?

 

Sorry, ftr, but since I think the war passes constitutional muster, I don't understand why you asked that question.

 

Ken,

I'm sorry, I misunderstood your last post. I read it to say that your previous discussions convinced you that the war was unconstitutional, didn't catch the "not". My confusion. But your earlier comment that

just made me wonder if that was a cynical capitulation to the arguments or whether you are in fact convinced that it is not unconstitutional. But you have answered my question.

If you don't mind, I am curious what persuaded you that the war is in fact constitutional? I understand that you may still quite reasonably (though we may disagree) question the legitimacy or wisdom of the war, just wanted to probe your view on the Constitutionality because I know you value original intent.

 

In the interaction between the Congress and the presidency the Congress has delegated part of its war-making ability to the presidency(in that a formal declaration if not required by the Congress before the president sends our troops into battle) but the War Powers Act of 1973 keeps a leash on the ability of any president go about willy-nilly sending our troops into combat and keeping them there.

 

Thanks for the reply.

 

3-page warning: This thread will be closed no sooner than 10:15 p.m. ET by one of the moderators.

Lady Eagle:flower:


Closed per previous warning.