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Constitutional War Powers Resolution

November 2nd 2007 04:03
The House Joint Resolution 53, introduced on September 25, 2007, would restore constitutional checks and balances in war decisions. Reps. Walter Jones (R-NC), Wayne Gilchrest (R-MD), Ron Paul (R-TX), and Bill Delahunt (D-MA) sponsored the bill.

Reps. Jones, Gilchrest, Paul, and Delahunt held a press conference about the resolution on October 25, 2007.

“We are about to have another war going on,” said Congressman Paul. “And more sanctions placed on Iran today, sanctions blockades boycotts all these things are acts of war so there is an escalation now of the friction now between us and Iran and if we don't have something like this we don't have anything to say about it. We can wake up tomorrow and having something going on in Iran and this war will be spread.”

“As threats to international peace and security continue to evolve, the Constitutional War Powers Resolution rededicates Congress to its primary constitutional role of deciding when to use force abroad,” said Rep. Jones.

Rep. Gilchrest said, “We ought to be pulling back from our rhetoric against Iran, we should be pulling back from these proposals offering more sanctions on Iran.”

“What we are saying now is we intend as a Congress, as a legislative body, to recalibrate that legislation,” said Delahunt. “Don't think you're going to throw a high, hard one past us now. We have learned.”

“The Constitutional War Powers Resolution rededicates Congress to its primary constitutional role of deciding when to use force abroad…By ensuring that Congress meets its constitutional responsibility, H. J. Res. 53 improves upon the War Powers Resolution of 1973 to establish a clear and sustainable war powers policy for today’s post-9/11 world,” read a statement released by Rep. Delahunt.

The resolution would amend the “War Powers Resolution” in order to insure decisions regarding war are made by both the president and the congress. The War Powers Act of 1973 limits the president’s power to conduct war without the approval of congress.

Constitutional war powers are divided between the congress and president. Congress has the power to declare war and manage the defense funding. The president is the commander-in-chief.

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Comment by Jim Stillman

November 2nd 2007 14:14
This is an excellent article, well researched and well presented.

The tug-of-war between the Congress and Executive was contemplated at the very formation of our country and was anticipated by the drafters of the Constitution. The present conflict between President Bush and Congress has ramifications for the future.

I have taken the liberty of expanding on the final paragraphs of your article on my politicalcertainty site.

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