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Old 12-24-2012, 12:33 AM   #26
SoCalBronco
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Join Date: Aug 2001
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D.J. Williams
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You are making the classic mistake of holding firm to form over substance. Hundreds of years of caselaw is to the contrary. Congress authorized the POTUS wide authority to conduct military operations in ALL of SE Asia not just Vietnam, whatever you want to call it (a declaration of war, or just a check to conduct operations), it was given. There is no magic language required anywhere. He's got the authority and is acting pursuant to it. There's no constitutional argument anymore. It's been waived. You can't say "well I didn't specifically say war, so even though we're authorizing billions of dollars for fighting every single year, we didn't actually say war, so get out" Are you for real? Congress ceded its authority and used liberal language and the Youngstown case has become the leading case on this subject. When the POTUS acts pursuant to express or implied aux of Congress, his aux is at its greatest. There's no more constitutional argument. It's over. It's waived, its done. Your problem is with the Congress, not the executive.
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