Since 1972, every president who has engaged in ANY type of use of force against any nation, even those who have dsone so without congressional support, and as Liberty Chick noted, even Clinton, who congress set limits on, contiued and were NOT found to be in violation of anything.
The every case in which the War Powers Act was used to try to stop a presidents actions or condemn them have been ruled NON-JUSTICABLE.
WHich meas the courts are saying that COngress has NO POWER to stop or does a president require ANY authority in order to use force.
Again Liberty Chick correctly notes that even with any legislative attempt to limit te presidents actions, congress must examine those actions to determine if the president has COMPLIED with the restrictions set upon the president directly notes this:
Compliance becomes
an issue whenever the President introduces
U.S. forces abroad in situations that might be
construed as hostilities or imminent hostilities.
Criteria for compliance include prior consulta-
tion with Congress, fulfillment of the reporting
requirements, and congressional authorization.
If the President has not complied fully, the
issue becomes what action Congress should
take to bring about compliance or to influence
U.S. policy. A new issue has become congres-
sional authorization of U.N. peacekeeping or
other U.N.-sponsored actions.
http://216.239.39.104/search?q=cache:d7YJpWQ6ZAoJ:nussle.house.gov/warpowers.pdf+%22war+powers+resolution%22+%2Bunconstitutional&hl=en&ie=UTF-8
Now you show me the additional acts of congress in which they revired the presidents compliance with the act, which already was used to try to get an injunctions against the president.
THae case was accepted by the Federal DIstrict of Massaichussetts, and accetpted the arguments that the October Resolution:
They further argue that none of the legislation passed by Congress in the wake of September 11, including last October's Iraq resolution, confers sufficient authority for the war the President is threatening. The October Resolution - House Joint Resolution 114 - purports to authorize the President to "use the Armed Forces of the United States as he determines necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq."" Plaintiffs' contention, based on the language and legislative history of the resolution, is that unless narrowly construed, this resolution would be tantamount to congressional abdication of its non-delegable trigger power and would impair separation of powers. And, they contend, such a narrower reading of the statute is plausible, as the statute appears to tie the start of hostilities to the progress of international diplomatic efforts, reflected in the resolutions of the United Nations, to bring Iraq into compliance. Thus, Congress's October Resolution can reasonably be read as expressing three ideas: (1) Congressional support for international diplomacy on the part of the executive; (2) Congressional authority for limited use of force to protect American troops; and (3) the inclination of Congress to provide the necessary assent if the Security Council authorizes the use of force.
But in Doe v. Bush the district court declined to join the debate at all. Instead, it opted out of the debate altogether, adopting the Government's position claim that the matter is a non-justiciable political question. Under the political question doctrine, of course, the judiciary declines to wade into certain supposed "political thickets," theoretically leaving the underlying constitutional issue undecided. But, especially given the nature of the debate, invocation of the doctrine - ostensibly to avoid decision - still adds "precedent" to the pro-executive side of the scale. Judicial demurral leaves a vacuum that the executive will fill on its own terms - thereby creating new facts to support its exclusivity claim. The executive's evidence that it possesses the trigger power is that it has many times in the past exercised it absent congressional authority and without judicial interference. This is a win-win syllogism for unchecked executive authority: its use of the power is an unreviewable political prerogative and, ipso facto, proof of its legitimacy, and so the evidence in its favor is infinitely accumulative.
http://jurist.law.pitt.edu/forum/forumnew99.phpSorry, the judge accepted the argument that the October REsolution did not "Authorize the war" but again declared that the entire case was non justicable.
THe attorneyts for the plaintiffs have considerablly more expertise in COnstitutional Law than you, and used the act as an instrment to CONSTRAIN the president. If it had been an authorising document, the judge would have never healr the case becasue they would have been arguing for an injunction to stop the president from going to a war by using the very document that you are claioming gave him authority to go to war.
Six members of the House of Representatives along with several families of American servicemen and women filed suit in federal court against the President and Secretary of Defense to stop them from going to war against Iraq without a Congressional declaration of war. The plaintiffs allege that (1) the resolution passed by Congress in October 2002 authorized the President to disarm Iraq but not to declare war, and, (2) if the resolution were interpreted to give the President the discretion to wage war, it would be unconstitutional because only Congress can declare war.
The plaintiffs include Representatives John Conyers, Jr. of Michigan; Dennis Kucinich of Ohio; Jesse Jackson, Jr. of Illinois; Sheila Jackson Lee of Texas; Jim McDermott of Washington; and Jose E. Serrano of New York. The lawsuit was filed in U.S. District Court, Boston.
http://www.civicmind.com/ccwar.htmYou are wrong. You are interpreting the War Powers act yourself, and unless you have a law degree and significant experience in trying such cases, I would suggest that you really do not know what you are talking about. The October Resolution only supported the president to go to the U.N., First utilize diplomatic means. secondly use force, wit U.N. approval, only for the PURPOSIES OF DISARMING IRAQ, and this with United Nations support. He can act to defend the U.S. ONLY if an imminent threat is proven. AND CONGRESS MUST, decide if the president has FULLY OBSERVED the terms of the act, in order of precedent, before support for his actions is given. Sorry, the only way you can interpret the act as an authorization of war is if you agree that the president has MET all of the terms of the act, and has followed the order of the terms within the act. Otherwise, the October Resolution did not give any such authority. And since according to your beleif that the president does not have the power to declare war, and that your belief that the president does not have the power to engage in use of force, you must believe that the October Resolution was a DECLARATION OF WAR....And you will not find any such wording in the act itself. That a state of war is now found to exist between the UInited States and Iraq. It aint there.
Also take note of this section of the War Powers Resolution:
SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced-- (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth-- (A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement. (b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad (c) Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six month
http://www.yale.edu/lawweb/avalon/warpower.htmSo the war powers resolution grants the president the power to ACT without a congressional declaration of war, got into combat. and all he has to do is report within 48 hours of doing whatever he wants to, without any support or authorization of congress. All he needed to do was present his constitutional reasons (to protect the U.S. and its interests), OR to meet its treaty obligations under any number of defense treaties with the United Nations, any of the Middle Eastern States, threats from terrorist networks possibly stationed in Iraq. The WarPowers resolution is vague and the one thing it CANNOT do is remove the presidents authority to order troops into immediate action to any threat percieved by the president).
ANd still, you have not provided on bit of evidence that the Supreme Court has ruled this act Constitutional. All presidents claim it is unconsitutional and therefore, since there has been no decision other than that this is unjusticable, that is to say, that neither congress orvthe courts have the power to rule on it, or enforce it. The act cannot stop the president from acting.
And you have not provided ANYTHING but your own opinion that the October Resolution was a "DECLARATION OF WAR" or allowed the president to act unconditionally.
YOu need proof. The fact that the act itself has been used as a case againt the president going to war, and is now under appeal, indicated you are not quite correct in your opinion.
Ta-Ta.