EZ-2789 wrote...
Lelouch24 wrote...
[color=#2e1a6b]What do you mean "I'm shocked"? I asked you to explain how "declaring war" is a power, and you replied by saying that congress can basically encourage ("your doing the right thing") his actions, or discourage ("you should stop") his actions. Anyone can do that, that's not a power.
You then said how congress has the power to fund and maintain an army. While this is true, this power is not given to congress by the "declaring war" clause. If you look at the 18 clauses (posted above), you'll see that the power to maintain the military has its own clause. The power to fund the military is also its own clause. So, you still haven't explained how "declaring war" is a power. You admitted it was a power in your first reply.
I don't want to make a false assumption here, but it sounds like you're saying that none of the clauses are related to one another. Correct me if I'm wrong.
[color=#2e1a6b]I don't know what you mean by "related", but I'm saying that the power to fund and maintain the army is not achieved by the power to declare war.
[b]Regardless, if you want a definitive answer, it's not hard. The 11th clause gives Congress more authority than you to say we should or shouldn't be at war. So when Congress says something about it, even if you're saying the same thing or something else, it's more important. The President is constitutionally obligated to at least listen to Congress, not you.
[color=#2e1a6b]You said the president must listen to congress, which could mean:
A. he just hears what congress has to say and then ignores them
or
B. he is required to comply with congress' decision on declaring war
To figure out which one is true, let's me ask you through a hypothetical example. The president sent an attack on Syria and engaged in combat. The president tells congress what he's doing, and congress says "we refuse to declare war as they do not possess a threat to our national security". Is the president required to stop attacking them and pull out?
[color=#2e1a6b]There's nothing wrong with the president going to congress to ask for permission to start a war.
[b]That's the thing. Every time the President's gone to Congress about it, it's because war was completely inevitable.
[color=#2e1a6b]And when war is not completely inevitable, he doesn't go to congress, and starts the war without a declaration.
[color=#2e1a6b]Doesn't the 18th (final) clause support the war powers act?
[b]No. What the 18th clause supports is the
creation of laws regarding the other sections of the government. It doesn't say those laws aren't subject to review and interpretation. That's what the courts are for.
[color=#2e1a6b]huh?
I think you're saying that the law is supposed to be reviewed by the courts (which I agree with), but how does that show that the war powers act isn't constitutional?
[color=#2e1a6b]I'm not sure where you're getting this information from. I'm pretty sure that all they need is proof that they're a threat to our national security.
And who's going to find that proof? They are? No. If a visible attack has not already been made by an opposing nation/international actor, then the burden of organizing and presenting any and all information that may be evidence of a possible attack as a case to bring forth before Congress falls on the President and the Executive Department.
[color=#2e1a6b]You act like this is a new idea... do presidents not have evidence of a possible attack when they start an undeclared war?
If they have evidence, then they just show this evidence to congress. If they don't, then that just shows that they shouldn't have started a war
[b]A declaration of war is like a trial to see whether or not a state of war exists or will exist. That takes time. Time that both the Executive and Legislative Branches may or may not have. You make it sound simple, but it's really not.
[color=#2e1a6b]
[color=#2e1a6b]War is not something to be taken lightly; it cost loads of money and kills enemy soldiers as well as our own. Something as serious as war should take time; if it doesn't take time, somethings wrong.
[b]And I like how you seemingly disregarded the second half of that paragraph in my last post. To a certain extent, it makes this part of the argument a moot point.
[color=#2e1a6b]sorry, I didn't notice that last argument. I didn't quote that other part of it because It was kinda based off your previous statement, which I didn't agree with
[b]Even if we get a declaration of war before the attack, we're still letting them know about it because we're declaring it. That essentially takes away the first strike advantage.
[color=#2e1a6b]At most, it might take away a sneak attack. They will have no idea when we're attacking, where we're attacking, or what weapons we're attack with... all they'll know is that the most powerful army in the world is going to attack.