NOTE: this blog is no longer active as of 12/07. New one: http://blog.kirchhof.com
Quidquid latine dictum sit, altum viditur.
Fri, 23 Dec 2005
Okay, Just For The Heck Of It
Let's revisit S.J. Resolution 23:
S. J. RES. 23
JOINT RESOLUTION
To authorize the use of United States Armed Forces
against those responsible for the recent attacks launched against the
United States.
Whereas, on September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate
that
the United States exercise its rights to self-defense and to protect
United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and
foreign policy of the United States posed by these grave acts of
violence; and
Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and foreign policy of
the
United States; and
Whereas, the President has authority under the Constitution to
take action to deter and prevent acts of international terrorism
against the United States: Now, therefore, be it
Resolved by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the `Authorization
for Use of Military Force'.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES.
(a) IN GENERAL- That the President is authorized to use
all
necessary and appropriate force against those nations, organizations,
or persons he determines planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or harbored
such
organizations or persons, in order to prevent any future acts of
international terrorism against the United States by such nations,
organizations or persons.
(b) War Powers Resolution Requirements-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress declares
that this section is intended to constitute specific statutory
authorization within the meaning of section 5(b) of the War Powers
Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in
this resolution supercedes any requirement of the War Powers
Resolution.
Passed the Senate September 14, 2001.
Attest:
Secretary.
107th CONGRESS
There are a couple of things here.
First, Tom Daschle nixed
the addition of phrasing that would allow operations in the United
States:
"Literally minutes before the Senate cast its vote, the administration
sought to add the words 'in the United States and' after 'appropriate
force' in the agreed-upon text," Daschle wrote. "This last-minute
change would have given the president broad authority to exercise
expansive powers not just overseas -- where we all understood he
wanted authority to act -- but right here in the United States,
potentially against American citizens. I could see no justification
for Congress to accede to this extraordinary request for additional
authority. I refused."
So, children, the Congress specifically did not authorize
these operations within the borders of the United States.
Second, note that this specifically refers to "all necessary
and appropriate force against those nations, organizations or persons
he determines planned, authorized, committed or aided" the Sept. 11
attacks.
"He determines."
Two fateful words. I can't think of any more sweeping carte blanche
since the Gulf of
Tonkin Resolution.
Both are bad law. Both were passed in the heat of emotion. Both
have done untold damage to our country.
I wish that we would learn.
Posted at 13:26 by Randy Kirchhof [Permalink]
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