On 12/15/2011 4:02 PM, Kurt Ullman wrote:
In ,
wrote:


I hope that is an over-simplification. What you are saying pertains to
the "customary laws of war" but since when can the President declare war
and since when are we at war with our own citizens? As far as I know,
the last time we were at war (per the Constitution) was in 1945 prior to
the Japanese surrender.

Nope we are at war currently, per the Constitution. The C also says that
Congress gets to enact laws as they see fit to carry out their
responsibilities under the C. The War Powers Act certainly fits that
bill. There is nothing in the C (unfortunately in many cases) that say
they have to call a spade, a spade.


No. The War Powers Resolution (known colloquially as the War Powers
Act) restricts the war powers of the President. It does not serve to
amend the Constitutionally stipulated way by which this country formally
declares itself to be at war. We are at war only if the Congress pass a
bill that formally declares war and the President signs it. That has
not happened since 1941 after Pearl Harbor. I am not denying that the
country has engaged in military combat on foreign territory since that
time, I'm merely saying that per the C, we are not at war at this time,
except against irrational thinking (and I fear we are losing).