Another person who won't get my vote

I have a feeling that Joe Biden is going to run for President. I don't particularly care about the "plagiarism" charge levied against him a few years back. However, recent comments by him to Tim Russert regarding his (Biden's) position on the war really annoyed me.

SEN. BIDEN: But remember--no, remember what I voted for was for the president to be able to go to war, if, if--I've got the resolution here--if, in fact, it was to enforce the existing breaches that existed in the U.N. resolution and if he could show there were weapons of mass destruction.

MR. RUSSERT: Do you believe the Democrats and you were diligent enough in reading that National Intelligence Estimate and all the caveats and calling the president to task as to whether or not he was being candid about the intelligence and his interpretation?

SEN. BIDEN: Yes. And if I--I'll leave with you because there's no time here all the statements I made at the time laying out my doubts about their assertions. But remember what the resolution said, Tim, it didn't say "go to war." It said, "Mr. President, if you can show these things, then you can use force."

These statements are flat-out lies. There's no other way to put it. Congress acted with unbelieveable irresponsibility in authorizing this war.

The Constitution Article II, Section 8, Clause 10 gives Congress the authority to declare war. This authority has been domewhat modified by the War Powers Act which says, in relevant part,

(c) 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.

Section (3) did not apply. Bush's office made a couple tentative attempts to say that 9/11 justified the invasion of Iraq, but they backed off of that tact (evidenced by the very fact that they continually pressured Congress into giving them authority).

So, without a justifiable argument under (3), Bush can't Constitutionally send troops into hostilities without some sort of Congressional action. This is good. It's the very epitome of the "checks and balances" which are in place in the U.S. system to prevent tyrrany.

So what did Congress do? Did it declare war (under provision (1) of the Section of the War Powers Act quoted above)? No. They didn't. Instead, they gave Bush authority under provision (2), specific statutory authority. That's fine. If Congress determines that it is warranted, they can authorize the President to commit troops without actually declaring war.

However, they did so in a very underhanded and irresponsible way. Here's the text:

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be 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.

(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001

...

SEC. 4. REPORTS TO CONGRESS. (a) REPORTS- The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105-338).



Did you see that? Congress said, essentially, "Bush, you can go to war if you want to. After you go to war, just be sure to tell us what you did. They completely ceded their Constitutional authority to Bush. They put the entire situation in Bush's hands. They handed him a gun and said "here, do whatever you think is right. Tell us about it afterwards".

Biden claims that there were requirements in the law. Requirements the Bush had to meet before using force. Scroll back up and read his comments again.

This is a flat-out lie. There are no requirements in this law. None. Bush is given carte blanche do use the military as he sees fit.

If Congress was convinced that a war was necessary, they should have authorized the war...not authorized Bush to authorize the war. If Congress was not convinced that a war was necessary, then they should have refused to pass on their Constitutional responsibility to hold the troops in abeyance...or placed specific requirements in the law that limit the use of force (like the imaginary ones that Biden describes). There is utterly no excuse for acting the way they did. They abdicated their responsibilities. They determined that, after 200 years of Congressional action, this particular Congress was not fit for its responsibilities under the governing documents of this country.

Any Senator or Congressman who claims to oppose the war and who voted for this resolution is, quite simply, a filthy liar, and is unfit to serve in any elected office. This is true regardless of whether you feel the war was a good idea or bad.