| Topic: |
Politics > Politics-USA |
| User: |
"" |
| Date: |
06 May 2006 09:31:43 AM |
| Object: |
Congress warns Bush to get authorization before attacking Iran |
WASHINGTON, DC -- U.S. Congressman Peter DeFazio organized a bipartisan
group of 62 members of Congress to send a letter to President Bush
today calling on him to seek congressional approval before making any
preemptive military strikes against Iran.
"When Attorney General Alberto Gonzales was White House Counsel, he
came up with a novel legal theory that the president can take whatever
military action he wants without getting prior authorization from
Congress," DeFazio said. "My letter calls on the president to follow
the law as set by Article I, Section 8 of the Constitution and get
authorization from Congress before taking military action against Iran.
Members of the House of Representatives have been elected by their
constituents to participate in major decisions like initiating military
strikes against other countries, and it is an injustice to the American
people to deny them that prerogative. Our founders intentionally put
the responsibility for deciding whether to send our troops into battle
into the hands of the Congress because they did not want the president
to have the power of a king. The president saying otherwise does not
make it so."
Recent news reports, including a report by Seymour Hersh, who won a
Pulitzer Prize for uncovering the My Lai massacre, have indicated the
administration is planning a military action against Iran.
DeFazio also introduced a resolution, H. Con. Res. 391, on April 26
that expresses the sense of the Congress that the president cannot
initiate military action against Iran without congressional
authorization.
The text of the letter to the president is included below:
* * *
April 25, 2006
The Honorable George W. Bush
President
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Dear President Bush:
We are concerned by the growing number of stories that your
Administration is planning for military action against Iran. We are
writing to remind you that you are constitutionally bound to seek
congressional authorization before launching any preventive military
strikes against Iran.
As you know, Article I, Section 8 of the U.S. Constitution grants
Congress the power "to declare war," to lay and collect taxes to
"provide for the common defense" and general welfare of the United
States, to "raise and support armies," to "provide and maintain a
navy," to "make rules for the regulation for the land and naval
forces," to "provide for calling forth the militia to execute the laws
of the Union, suppress insurrections and repel invasions," to "provide
for organizing, arming, and disciplining, the militia," and to "make
all laws necessary and proper for carrying into
execution...all...powers vested by this Constitution in the Government
of the United States." Congress is also given exclusive power over the
purse. The Constitution says, "No money shall be drawn from the
Treasury but in consequence of appropriations made by law."
By contrast, the sole war powers granted to the Executive Branch
through the President can be found in Article II, Section 2, which
states, "The President shall be the Commander-in-Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into actual Service of the United States..."
Your Administration has argued that this "Commander-in-Chief" clause
grants the President wide latitude to engage U.S. military forces
abroad without prior authorization from Congress. You further argue
that previous unilateral actions by presidents of both political
parties add credence to your interpretation of the U.S. Constitution.
Contrary to your Administration's broad reading, nothing in the history
of the "Commander-in-Chief" clause suggests that the authors of the
provision intended it to grant the Executive Branch the authority to
engage U.S. forces in military action whenever and wherever it sees fit
without any prior authorization from Congress. The founders of our
country intended this power to allow the President to repel sudden
attacks and immediate threats, not to unilaterally launch, without
congressional approval, large-scale preventive military actions against
foreign threats that are likely years away from materializing. With
respect to Iran, according to the most definitive U.S. intelligence
report, Iran is likely a decade away from developing a nuclear weapon.
Even the most pessimistic analysis by outside experts puts the timeline
at least three years away, but that's only if everything in Iran's
development program proceeds flawlessly, which would defy the history
of nuclear programs around the world, including Iran's.
The architects of the U.S. Constitution were well aware of government
models, like the monarchy in Great Britain, which vested the power to
go to war with the head of state. Instead, the Founding Fathers made a
conscious decision to grant the solemn war-making powers to the
Legislative Branch. The intent of the authors of the U.S. Constitution
is clear.
In the Federalist Paper Number 69, while comparing the lesser
war-making power of the U.S. president versus the King of Great
Britain, Alexander Hamilton wrote, "...the President is to be
commander-in-chief of the Army and Navy of the United States. In this
respect his authority would be nominally the same with that of the King
of Great Britain, but in substance much inferior to it. It would amount
to nothing more than the supreme command and direction of the military
and naval forces, as first General and admiral of the Confederacy;
while that of the British king extends to the declaring of war and to
raising and regulating of fleets and armies, all which, by the
Constitution under consideration, would appertain to the legislature."
James Madison declared that it is necessary to adhere to the
"fundamental doctrine of the Constitution that the power to declare war
is fully and exclusively vested in the legislature."
In 1793, President George Washington, when considering how to protect
inhabitants of the American frontier, instructed his Administration
that "no offensive expedition of importance can be undertaken until
after [Congress] have deliberated upon the subject, and authorized such
a measure."
In 1801, Thomas Jefferson sent a small squadron of frigates to the
Mediterranean to protect against possible attacks by the Barbary
powers. He told Congress that he was "unauthorized by the Constitution,
without the sanction of Congress, to go beyond the line of defense." He
further noted that it was up to Congress to authorize "measures of
offense also."
While presidents in the latter half of the 20th Century have initiated
military action without prior authorization by Congress, "everybody
does it" is not a legitimate defense to ignore the plain words of the
U.S. Constitution, the clear intent of the authors of the U.S.
Constitution, and more than 150 years of legal precedent.
We also want to go on record that the Authorization of Force Resolution
(Public Law 107-40) approved by Congress to go after those responsible
for the September 11, 2001, terrorist attacks on our country does not,
explicitly or implicitly, extend to authorizing military action against
Iran over its nuclear program. The legislation specifically says, "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." There is no
evidence that Iran was involved in the September 11, 2001, attacks. Nor
is there any evidence that Iran harbored those who were responsible for
the attacks.
Further, the Authorization of Force Resolution (Public Law 107-243)
approved by Congress to go to war with Iraq does not extend to military
action against Iran over its nuclear program. This resolution only
authorized you 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."
Like P.L. 107-40, there is no explicit or implicit authorization on the
part of Congress in P.L. 107-243 that would allow you to attack Iran
without first coming to Congress to seek a new authorization.
When asked about reports of your administration planning for war with
Iran, you said on April 10, 2006, "It [prevention] doesn't mean force,
necessarily. In this case, it means diplomacy." We agree with the focus
on diplomacy. But, we want to be clear, should you decide that force is
necessary, seeking congressional authority prior to taking military
action against Iran is not discretionary. It is legally and
constitutionally necessary.
Sincerely,
/s/
Rep. Peter DeFazio
Rep. Ron Paul
Rep. Pete Stark
Rep. Jerrold Nadler
Rep. Marcy Kaptur
Rep. Dennis Kucinich
Rep. Bobby Scott
Rep. Jay Inslee
Rep. Lloyd Doggett
Rep. Tom Allen
Rep. Bernie Sanders
Rep. David Wu
Rep. Maxine Waters
Rep. Jim McDermott
Rep. Louise Slaughter
Rep. Sam Farr
Rep. Barbara Lee
Rep. George Miller
Rep. Joseph Crowley
Rep. Maurice Hinchey
Rep. Rosa DeLauro
Rep. Bill Pascrell
Rep. Luis Gutierrez
Rep. John Lewis
Rep. Mike Thompson
Rep. Jan Schakowsky
Rep. Timothy Bishop
Rep. Grace Napolitano
Rep. Jose Serrano
Rep. Leonard Boswell
Rep. Lynn Woolsey
Rep. Bob Filner
Rep. Darlene Hooley
Rep. James McGovern
Rep. Neil Abercrombie
Rep. Mike Honda
Rep. Rush Holt
Rep. Tammy Baldwin
Rep. Betty McCollum
Rep. Donald Payne
Rep. Carolyn Maloney
Rep. John Conyers
Rep. Earl Blumenauer
Rep. Juanita Millender-McDonald
Rep. Major Owens
Rep. Hilda Solis
Rep. Jerry Costello
Rep. David Obey
Rep. Bennie Thompson
Rep. Chaka Fattah
Rep. Barney Frank
Rep. Jim Leach
Rep. Lois Capps
Rep. Carolyn Kilpatrick
Rep. Eddie Bernice Johnson
Rep. Raul Grijalva
Rep. John Larson
Rep. Sheila Jackson-Lee
Rep. Cynthia McKinney
Rep. Diane Watson
Rep. Sherrod Brown
Rep. Marty Meehan
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| User: "James Of Tucson" |
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| Title: Re: Congress warns Bush to get authorization before attacking Iran |
06 May 2006 02:08:24 PM |
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"When Attorney General Alberto Gonzales was White House Counsel, he
came up with a novel legal theory that the president can take whatever
military action he wants without getting prior authorization from
Congress,"
Well... It does turn out that he *can*. His generals will not stand
down against his orders, his congress will not turn against him to any
meaningful degree, and no nation will raise a military opposition to
attack the US in defense of whomever the US attacks.
What is it that you imagine the President cannot do?
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| User: "The PretZel" |
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| Title: Re: Congress warns Bush to get authorization before attacking Iran |
06 May 2006 04:39:27 PM |
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On 2006-05-06 12:08:24 -0700, "James Of Tucson" <james0tucson@gmail.com> said:
"When Attorney General Alberto Gonzales was White House Counsel, he
came up with a novel legal theory that the president can take whatever
military action he wants without getting prior authorization from
Congress,"
Well... It does turn out that he *can*. His generals will not stand
down against his orders, his congress will not turn against him to any
meaningful degree, and no nation will raise a military opposition to
attack the US in defense of whomever the US attacks.
What is it that you imagine the President cannot do?
Generals already threatened resignation.
....and Gonzales has a *****-sucking congress.
If he attacks Iran with nuclear weapons as the claim states I think we
are no longer the USA. We're the former Iraq. If what you say is true,
America is already destroyed. That's because this country has become
something else.
--
"I gotta get out of this place, it's all liberals here."
-Timothy McVeigh
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| User: "can_o_worms" |
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| Title: Re: Congress warns Bush to get authorization before attacking Iran |
06 May 2006 12:56:02 PM |
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On 6 May 2006 07:31:43 -0700, wrote:
WASHINGTON, DC -- U.S. Congressman Peter DeFazio organized a bipartisan
group of 62 members of Congress to send a letter to President Bush
today calling on him to seek congressional approval before making any
preemptive military strikes against Iran.
Wow ! Thanks for this post !
I've been waiting for these lobby fawning vassals to act
like a real Congress but hafta say that's a short list
considering that there are 432 Congresspersons.
Peter DeFazio is another good man for pushing
this and noticed that Republican Ron Paul and
Democrat Dennis Kucinich were among the first
to sign.........Best of the litter.
Compare the YEAHs you listed to the NEYs
concerning recent legislation sponsored by the
"American Israel Public Affairs Committee"
to effect an eventual regime change in Iran.
I see no energy lobbies pushing this legislation.
http://clerk.house.gov/evs/2006/roll105.xml
Compare the list to the 21 reps who voted for
the above legislation ( I've listed the NAYs below
your list )
/s/
Rep. Peter DeFazio
Rep. Ron Paul
Rep. Pete Stark
Rep. Jerrold Nadler
Rep. Marcy Kaptur
Rep. Dennis Kucinich
Rep. Bobby Scott
Rep. Jay Inslee
Rep. Lloyd Doggett
Rep. Tom Allen
Rep. Bernie Sanders
Rep. David Wu
Rep. Maxine Waters
Rep. Jim McDermott
Rep. Louise Slaughter
Rep. Sam Farr
Rep. Barbara Lee
Rep. George Miller
Rep. Joseph Crowley
Rep. Maurice Hinchey
Rep. Rosa DeLauro
Rep. Bill Pascrell
Rep. Luis Gutierrez
Rep. John Lewis
Rep. Mike Thompson
Rep. Jan Schakowsky
Rep. Timothy Bishop
Rep. Grace Napolitano
Rep. Jose Serrano
Rep. Leonard Boswell
Rep. Lynn Woolsey
Rep. Bob Filner
Rep. Darlene Hooley
Rep. James McGovern
Rep. Neil Abercrombie
Rep. Mike Honda
Rep. Rush Holt
Rep. Tammy Baldwin
Rep. Betty McCollum
Rep. Donald Payne
Rep. Carolyn Maloney
Rep. John Conyers
Rep. Earl Blumenauer
Rep. Juanita Millender-McDonald
Rep. Major Owens
Rep. Hilda Solis
Rep. Jerry Costello
Rep. David Obey
Rep. Bennie Thompson
Rep. Chaka Fattah
Rep. Barney Frank
Rep. Jim Leach
Rep. Lois Capps
Rep. Carolyn Kilpatrick
Rep. Eddie Bernice Johnson
Rep. Raul Grijalva
Rep. John Larson
Rep. Sheila Jackson-Lee
Rep. Cynthia McKinney
Rep. Diane Watson
Rep. Sherrod Brown
Rep. Marty Meehan
***************
FINAL VOTE RESULTS FOR ROLL CALL 105
H R 282 2/3 YEA-AND-NAY 26-Apr-2006
BILL TITLE: To hold the current regime in Iran
accountable for its threatening behavior and to
support a transition to democracy in Iran
NAYS 21
Tammy Baldwin - Dem
Earl Blumenauer - Dem
Allen Boyd - Dem
Peter DeFazio - Dem
John J. Duncan - Rep
Jeff Flake - Rep
John Hostettler - Rep
Walter B. Jones (NC) - Rep
Dennis Kucinich - Dem--------Run Dennis Run - in '08 !!!
Jim Leach - Rep
Jim McDermott - Dem--------always represents his district
Jim McGovern - Dem
Cynthia McKinney - Dem----catches flak for voting for her district
Jim Oberstar - Dem
Dave Obey - Dem
John Olver - Dem
Ron Paul - Rep----RUN Libertarian or Republican....RUN in '08 !!!
Nick Rahall - Dem
Vic Snyder - Dem
Pete Stark - Dem
Gene Taylor (MS) - Dem----not to be confused with other Taylor
********
( 397 YEAS )
--
The Israel Lobby and U.S. Foreign Policy
John J. Mearsheimer
University of Chicago - Department of Political Science
Stephen M. Walt
Harvard University - John F. Kennedy School of Government
http://ksgnotes1.harvard.edu/Research/wpaper.nsf/rwp/RWP06-011
( has polemical response from Alan Dershowitz at site )
Edited non-PDF version :
http://www.lrb.co.uk./v28/n06/mear01_.html
.
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| User: "can_o_worms" |
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| Title: Re: Congress warns Bush to get authorization before attacking Iran |
06 May 2006 04:53:07 PM |
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On 6 May 2006 12:56:02 -0500, can_o_worms <can_o_worms@bogus.com>
wrote:
On 6 May 2006 07:31:43 -0700, wrote:
WASHINGTON, DC -- U.S. Congressman Peter DeFazio organized a bipartisan
group of 62 members of Congress to send a letter to President Bush
today calling on him to seek congressional approval before making any
preemptive military strikes against Iran.
Wow ! Thanks for this post !
I've been waiting for these lobby fawning vassals to act
like a real Congress but hafta say that's a short list
considering that there are 432 Congresspersons.
Peter DeFazio is another good man for pushing
this and noticed that Republican Ron Paul and
Democrat Dennis Kucinich were among the first
to sign.........Best of the litter.
Compare the YEAHs you listed to the NEYs
concerning recent legislation sponsored by the
"American Israel Public Affairs Committee"
to effect an eventual regime change in Iran.
I see no energy lobbies pushing this legislation.
http://clerk.house.gov/evs/2006/roll105.xml
Compare the list to the 21 reps who voted for
I meant to say against the above legislation
Not enough to stop the coming war with Iran
but at least you know who the good guys are.
the above legislation ( I've listed the NAYs below
your list )
/s/
Rep. Peter DeFazio
Rep. Ron Paul
Rep. Pete Stark
Rep. Jerrold Nadler
Rep. Marcy Kaptur
Rep. Dennis Kucinich
Rep. Bobby Scott
Rep. Jay Inslee
Rep. Lloyd Doggett
Rep. Tom Allen
Rep. Bernie Sanders
Rep. David Wu
Rep. Maxine Waters
Rep. Jim McDermott
Rep. Louise Slaughter
Rep. Sam Farr
Rep. Barbara Lee
Rep. George Miller
Rep. Joseph Crowley
Rep. Maurice Hinchey
Rep. Rosa DeLauro
Rep. Bill Pascrell
Rep. Luis Gutierrez
Rep. John Lewis
Rep. Mike Thompson
Rep. Jan Schakowsky
Rep. Timothy Bishop
Rep. Grace Napolitano
Rep. Jose Serrano
Rep. Leonard Boswell
Rep. Lynn Woolsey
Rep. Bob Filner
Rep. Darlene Hooley
Rep. James McGovern
Rep. Neil Abercrombie
Rep. Mike Honda
Rep. Rush Holt
Rep. Tammy Baldwin
Rep. Betty McCollum
Rep. Donald Payne
Rep. Carolyn Maloney
Rep. John Conyers
Rep. Earl Blumenauer
Rep. Juanita Millender-McDonald
Rep. Major Owens
Rep. Hilda Solis
Rep. Jerry Costello
Rep. David Obey
Rep. Bennie Thompson
Rep. Chaka Fattah
Rep. Barney Frank
Rep. Jim Leach
Rep. Lois Capps
Rep. Carolyn Kilpatrick
Rep. Eddie Bernice Johnson
Rep. Raul Grijalva
Rep. John Larson
Rep. Sheila Jackson-Lee
Rep. Cynthia McKinney
Rep. Diane Watson
Rep. Sherrod Brown
Rep. Marty Meehan
***************
FINAL VOTE RESULTS FOR ROLL CALL 105
H R 282 2/3 YEA-AND-NAY 26-Apr-2006
BILL TITLE: To hold the current regime in Iran
accountable for its threatening behavior and to
support a transition to democracy in Iran
NAYS 21
Tammy Baldwin - Dem
Earl Blumenauer - Dem
Allen Boyd - Dem
Peter DeFazio - Dem
John J. Duncan - Rep
Jeff Flake - Rep
John Hostettler - Rep
Walter B. Jones (NC) - Rep
Dennis Kucinich - Dem--------Run Dennis Run - in '08 !!!
Jim Leach - Rep
Jim McDermott - Dem--------always represents his district
Jim McGovern - Dem
Cynthia McKinney - Dem----catches flak for voting for her district
Jim Oberstar - Dem
Dave Obey - Dem
John Olver - Dem
Ron Paul - Rep----RUN Libertarian or Republican....RUN in '08 !!!
Nick Rahall - Dem
Vic Snyder - Dem
Pete Stark - Dem
Gene Taylor (MS) - Dem----not to be confused with other Taylor
********
( 397 YEAS )
--
The Israel Lobby and U.S. Foreign Policy
John J. Mearsheimer
University of Chicago - Department of Political Science
Stephen M. Walt
Harvard University - John F. Kennedy School of Government
http://ksgnotes1.harvard.edu/Research/wpaper.nsf/rwp/RWP06-011
( has polemical response from Alan Dershowitz at site )
Edited non-PDF version :
http://www.lrb.co.uk./v28/n06/mear01_.html
.
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