Quest opened this issue on Jul 01, 2008 · 66 posts
Quest posted Tue, 08 July 2008 at 9:58 PM
As for the AUMF and in particular the Hamdan v. Rumsfeld Supreme Court decision, I think is a sham and a disgrace and the victims will once again be the American people as a result. The Supreme Court’s 5-3 decision was hardly a landslide decision by any stretch of the imagination and a far cry from the overwhelming vote by both the House and the Senate when in September 18, 2001 they gave their authorization in joint resolution:
Authorization for Use of Military Force
September 18, 2001
Public Law 107-40 [S. J. RES. 23]
107th CONGRESS
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.
Approved September 18, 2001.
The House of Representatives: 420 Ayes, 1 Nay and 10 Not Voting (the Nay was Barbara Lee - D-CA).
The Senate: 98 Ayes, 0 Nays, 2 Present/Not Voting (Senators Larry Craig - R and Jesse Helms - R).
I see this as a shameful, petty exhibition of political power grab by the Judicial Branch to curtail the powers of both the Legislative and Executive Branches and place itself at the fore. And there is no doubt in my mind that we will suffer for this travesty as a nation.
We must see this for what it is. The tragedy of 9/11 has now shamelessly convoluted itself at the expense of the people into a political tug-of-war between the major parties. Those graving to be in control and those in control graving to stay in control and what remains is the 800lb. purple gorilla standing in the middle of the room…a circus show.
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