Bio-Chem and Chainlink raise a very good point about this military action. Bush does not have to recognize the authority of the Resolution 1441. I mean who???s going to enforce the US???s violation of UN rules? Just look at the fact that the US does not acknowledge the jurisdiction of the World Court for the reason that the US is on the docket for ???acts of terrorism??? in Nicaragua during the 1980s(that???s why Hussein???s not being tried by the World Court). I would just add that we are either a nation of laws or we are not. Picking and choosing the laws we wish to follow at our convenience is not consistent with our Constitutional form of governance.
As for the fact that the US congress authorized use of force by the president, war was never declared in the Iraqi matter. However the president has the constitutional power to use the military in times of emergency but the congress holds the purse strings (appropriations). Bush had to ask for their authorization to pay for the military action. That does not guarantee that the president can use that authorization legally, which he did not.
Here is a copy of Bush???s request for authorization:
For Immediate Release
Office of the Press Secretary
March 19, 2003
Presidential Letter
Text of a Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate
March 18, 2003
Dear Mr. Speaker: (Dear Mr. President
Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and based on information available to me, including that in the enclosed document, I determine that:
(1) reliance by the United States on further diplomatic and other peaceful means alone will neither (A) adequately protect the national security of the United States against the continuing threat posed by Iraq nor (B) likely lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
(2) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.
Sincerely,
GEORGE W. BUSH
Bush requests authorization/financing pursuant to PL 107-243 on the condition(s) that:
diplomatic means were exhausted for protecting the US from the Iraq threat (they were not b/c he ordered bombing before the UN inspectors finished their jobs)
or for enforcement of UN resolutions (he ordered bombing before UN inspectors could finish their jobs)
or for pre-emptive defense against Iraq for supporting terrorists (the Duelfer Report found no substantial ties btn Hussein and Al Qaeda).
As for the fact that the US congress authorized use of force by the president, war was never declared in the Iraqi matter. However the president has the constitutional power to use the military in times of emergency but the congress holds the purse strings (appropriations). Bush had to ask for their authorization to pay for the military action. That does not guarantee that the president can use that authorization legally, which he did not.
Here is a copy of Bush???s request for authorization:
For Immediate Release
Office of the Press Secretary
March 19, 2003
Presidential Letter
Text of a Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate
March 18, 2003
Dear Mr. Speaker: (Dear Mr. President
Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and based on information available to me, including that in the enclosed document, I determine that:
(1) reliance by the United States on further diplomatic and other peaceful means alone will neither (A) adequately protect the national security of the United States against the continuing threat posed by Iraq nor (B) likely lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
(2) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.
Sincerely,
GEORGE W. BUSH
Bush requests authorization/financing pursuant to PL 107-243 on the condition(s) that:
diplomatic means were exhausted for protecting the US from the Iraq threat (they were not b/c he ordered bombing before the UN inspectors finished their jobs)
or for enforcement of UN resolutions (he ordered bombing before UN inspectors could finish their jobs)
or for pre-emptive defense against Iraq for supporting terrorists (the Duelfer Report found no substantial ties btn Hussein and Al Qaeda).
