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:War
= Confusion:
As Saint Paul says, "God
is not the author of confusion." (Corinthians 14:33)
:Questions for all Goverment-Actors:
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Do you admit
that the War Powers Clauses of the United States Constitution
provides Congress with the power to "define and punish…offenses
against the Law of Nations" (U.S. Constitution, Art. 1, §
8, cl.10), and the power to "declare War . . . ." (U.S.
Constitution, Art. I, § 8, cl. 11), and the power to "make
rules for the government and regulation of the [armed forces of
the United States]" (U.S. Constitution, Art. I, § 8,
cl. 14), and the power to "provide for the calling forth
of the [National Guard and National Guard Reserve]…."
(U.S. Constitution, Art. I, § 8, cl. 15), and the power to
"provide for…governing such part of the [National Guard
and National Guard Reserve]…." (U.S. Constitution,
Art. 1, § 8, cl. 16)?
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Do you admit
that Congress’ power to declare war works in conjunction
with the authority granted to the President under the Constitution
to act as "Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States, when
called into the actual Service of the United States." (U.S.
Constitution, Art. II, § 2, cl. 1)?
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Do you admit
the Framers intended to give each of the two branches a role in
the conduct of foreign military affairs, that is, that Congress
would declare war and raise and financially maintain armies, while
the President would conduct wars?
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Do you admit
that in 1973, over President Richard Nixon’s veto, Congress
passed the War Powers Resolution, (50 U.S.C. § 1541, et.
seq .), in order to "fulfill the intent of the framers of
the Constitution of the United States and insure that the collective
judgment of both the Congress and the President will apply to
the introduction of United States Armed Forces into hostilities,
or into situations where imminent involvement in hostilities is
clearly indicated by the circumstances, and to the continued use
of such forces in hostilities or in such situations?"[See
50 U.S.C. § 1541(a)]
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Do you admit
that the purpose of the resolution was to ensure that the "constitutional
powers of the President as Commander-in-Chief to introduce United
States Armed Forces into hostilities, or into situations where
imminent involvement in hostilities is clearly indicated by the
circumstances, are exercised only pursuant to (1) a declaration
of war, (2) specific statutory authorization, or (3) a national
emergency created by attack upon the United States, its territories
or possessions, or its armed forces?" [See 50 U.S.C. §
1541(c)]
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Do you admit
that War Powers Resolution 50 U.S.C. §1541 et.seq., delegates
to some future President, under any unknown circumstances, the
power to introduce the United States armed forces into hostilities
(war) against a sovereign nation, even those which offer no threat
to the United States, its allies, or to any other nation, for
a period of sixty days or more, without a declaration of war by
Congress and without specific statutory authorization ?
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Do you admit
that the War Powers Resolution provides, inter ali a, that "
[i]n 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 written report setting
forth the circumstances necessitating the introduction of forces,
the constitutional and legislative authority to introduce the
forces and the estimated scope and duration of the hostilities
or involvement." 50 U.S.C. § 1543(a)? (our emphasis).
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Do you admit
that in violation of said War Powers clauses, the War Powers Resolution
of 1973 delegates to some future President, under any unknown
circumstances, and without a declaration of war by Congress, and
without specific statutory authorization, the power to define
and punish "offenses" by a sovereign nation, by introducing
the United States armed forces into hostilities (war) against
that sovereign nation, even though that sovereign nation may offer
no threat to the United States, its allies or to any other nation?
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Do you admit
that 50 U.S.C. § 1544(b) requires that within sixty calendar
days after the President either submits a report pursuant to Section
1543(a) or is required to have submitted a report, the President
must terminate the use of the United States Armed Forces described
in Section 1543 unless Congress (1) has declared war or has provided
specific authorization for the use of such forces, (2) has extended
by law the sixty-day time period, or (3) is physically unable
to meet as a result of an armed attack on the United States?
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Do you admit
that 50 U.S.C. § 1544(b) authorizes the President to extend
the sixty-day period an additional thirty days if he determines
and certifies in writing to the Congress that the continued use
of forces for the additional time is necessary to safely remove
the United States Armed Forces?
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Do you admit
that 50 U.S.C. §§ 1545, 1546, 1546a (The War Powers
Resolution) also sets forth a mechanism so that both houses of
Congress are required to give priority consideration to any resolution
or bill that would provide the President with the authorization
described above?
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Do you admit
that the War Powers Resolution, 50 U.S.C. §1541 et.seq.,
does not indicate what is to happen if the President ignores the
sixty-day requirement, as President Clinton did with respect to
his military campaign against Yugoslavia?
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Do you admit
that the War Powers Resolution, 50 U.S.C. § 1547(a), explicitly
provides that authority to introduce forces into hostilities shall
not be inferred "from any provision of law . . . including
any provision contained in any appropriations Act, unless such
provision specifically authorizes the introduction of United States
Armed Forces into hostilities or into such situations and states
that it is intended to constitute specific statutory authorization
within the meaning of [the War Powers Resolution]," or "from
any treaty . . . unless such treaty is implemented by legislation
specifically authorizing the introduction of United States Armed
Forces into hostilities or into such situations and stating that
it is intended to constitute specific statutory authorization
within the meaning of [the War Powers Resolution]"?
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Do you admit
that War Powers Resolution 50 U.S.C. §1541 et.seq., is violative
of the War Powers Clauses: Article I, Section 8, clauses 10, 11,
14, 15 and 16 of the U.S. Constitution?
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Do you admit
that during September, 2002, the President submitted a draft Resolution
to Congress that would authorize the President to apply the armed
forces of the United States of America in hostilities in Iraq
and the region around Iraq?
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Do you admit
that the draft Resolution the President submitted to Congress
in September, 2002, regarding the application of the armed forces
of the United States against Iraq, would, if passed by Congress,
represent an unconstitutional delegation by the Congress to the
Executive of the War Powers reserved to Congress by Article 1,
§ 8, clauses 10, 11, 14, 15 and 16 of the U.S. Constitution,
and a significant and substantial violation of the most fundamental
constitutional principle of "separation of power"?
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Do you admit
that any agreement, contract or treaty with the United Nations
does not give Congress the authority to delegate control over
its war declaration power to the President?
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Do you admit
that the U.S. Supreme Court has held that, "It would be manifestly
contrary to the objectives of those who created the Constitution...let
alone alien to our entire constitutional history and tradition
to construe Article VI (The Supremacy Clause) as permitting the
United States to exercise power under an international agreement
without observing constitutional prohibitions. In effect, such
construction would permit amendment of that document in a manner
not sanctioned by Article V."? REID V. COVERT, 354 U.S. (1956)
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Do you admit
that the Congress does not stand beside the People or the Judiciary
as a co-interpreter of the fundamental law, particularly when
it comes to consideration of restraints on Congressional power?
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Do you admit
that that Congress and the Executive may not collude to evade
any Clause of the Constitution?
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Do you admit
that the People cannot close their eyes to the Constitution and
see only the acts of the President and the Congress?
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Do you admit
that said draft Resolution calls upon Congress to collude with
the President in a collective decision to apply the armed forces
of America against the sovereign nation of Iraq, unconstitutionally
, and to deliberately chose, by their official actions, to allow
for the collapse of fundamental republican principles and with
it the rule of law?
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Do you admit
that said draft Resolution calls upon Congress to collude with
the President in a collective decision to deny us and other citizens
our unalienable right to freedom from a government that applies
the armed forces of America in hostilities overseas without a
declaration of war by Congress?
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