Steph,
No, "Authorizations to Use Military Force" are "Declarations of War." As a matter of constitutional law, Congress doesn't need to write on top of the bill "Declaration of War" -- an AUMF will suffice.
The President would be able to order bombing in very limited circumstances, such as self-defense, or even pre-emptive (though not preventive) self-defense. Or to protect nationals abroad. But he couldn't start a war.
Patroklos,
Hold on. I said this:
which you said was
and then state that
It seems we agree. He needs Congress to declare war. What's going on here?
And what's this about:
Are you arguing that the Iraq War was illegal as a matter of American constitutional law? Even I don't think that's the case. AUMFs are Declarations of War. It's been that way for a while. As I said, if they aren't, then the Iraq War was illegal as a matter of constitutional law.
Edit:
Umm . . . then that's not "starting" a war, is it?
Cleo
No, "Authorizations to Use Military Force" are "Declarations of War." As a matter of constitutional law, Congress doesn't need to write on top of the bill "Declaration of War" -- an AUMF will suffice.
The President would be able to order bombing in very limited circumstances, such as self-defense, or even pre-emptive (though not preventive) self-defense. Or to protect nationals abroad. But he couldn't start a war.
Patroklos,
Hold on. I said this:
Bush cannot start a war with Iran without Congressional authorization,
which you said was
absolutely, horribly false,
and then state that
He only needs Congress to 1.) official declare war.
It seems we agree. He needs Congress to declare war. What's going on here?
And what's this about:
No, [AUMFs are not constitutional "Declarations of War"], by any stretch of the imagination.
Are you arguing that the Iraq War was illegal as a matter of American constitutional law? Even I don't think that's the case. AUMFs are Declarations of War. It's been that way for a while. As I said, if they aren't, then the Iraq War was illegal as a matter of constitutional law.
Edit:
Ask yourself it the President could order a retalitory nuclear strike without Congressional permission. And extreme case, but obviously the answer is yes.
Umm . . . then that's not "starting" a war, is it?
Cleo