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Old 06-14-2004, 05:00 PM   #2196
Atticus Grinch
Hello, Dum-Dum.
 
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Join Date: Mar 2003
Posts: 10,117
The Padilla Case

Quote:
Originally posted by sgtclub
as conventionally modified by the War Powers Act (I think)
The WPA doesn't lend that power to the Executive, and if it did it would likely be unconstitutional. It delegates the power to "introduce[] into hostilities" the armed forces in the absence of a congressional declaration of war when certain criteria are met, but it doesn't make what the President does "war" or "declare war."

Indeed, the text of the WPA tends to support the view that Congress saw a difference between introducing the American armed forces into hostilities on the one hand and declaring war on the other. And well they should --- their President was telling them there was a difference.
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