The War Powers Act is not at odds with the Constitution.
Section 8 - Powers of Congress
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
I respectfully disagree. If you use the arcane legal technicalities that the Bush administration (and the Pharisees) used, you can draw this conclusion, but it certainly end runs the original intent of the Founding Fathers in giving Congress the sole right to declare war.
And in any case, the administration did not even comply with the War Powers Act.
" Without question, the War Powers Act bound the President at the time of the Iraq war. It required a “clearly” defined “imminent” threat to America before the President could approve the use of United States armed forces in Iraq. The only authority Congress granted Bush was the authority to act pursuant to the WPA. There was no declaration of war nor specific Congressional grant of authority to go to war."
" Since the war in Iraq started, there have been repeated admissions by members and of the Bush administration and by Bush supporters that there was no "imminent" threat to the U.S. by Iraq and that Bush never said there was one. This is tantamount to an admission that the WPA was violated and and that the war in Iraq is illegal."
" The decision to go to war is a matter of "evidence," not hunch or opinion. Under U.S. law, war requires clear evidence of imminent threat. No more, no less. Historical precedent or that fact that a prior President may have used military force is not enough to justify a war which violates the law. Moreover, matters of opinion as to whether America will be made safer by a war are not good enough. Neither is a belief that a war is necessary to protect national security. Nor is freeing people and providing democracy."
"The War powers Act does not permit the President to enforce United Nations resolutions, to remove repressive regimes, or the even the prevent another nation from acquiring WMD. Indeed, UN Security Council Resolution 1441 did not authorize war on Iraq. It authorized "inspections." There was a clear agreement at the time 1441 was passed that there would be a second resolution before military force was used. There was not one."
http://www.themoderntribune.com/iraq_war_violating_the_war_powers_act.htmAlthough this is obviously a far left publication, in this case the far left seems to be holding a position that conservatives should be holding, but have abandoned in their knee-jerk support for the Bush administration.
