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re: On the surface it seems the War Powers Resolution of 1973 is unconstitutional.

Posted on 6/24/25 at 8:56 am to
Posted by Riverside
Member since Jul 2022
8104 posts
Posted on 6/24/25 at 8:56 am to
It violates separation of powers. It’s unconstitutional. And courts have no business getting involved in these disputes anyway. Yet another reason Too Late Massie is out of his lane.
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 8:57 am to
quote:

That’s because you are giving no context as to the actual reason behind the post.


I know it's hard to believe but I was just trying to understand the legal technicalities of the issue.
Posted by boosiebadazz
Member since Feb 2008
84205 posts
Posted on 6/24/25 at 8:58 am to
quote:

It violates separation of powers. It’s unconstitutional. And courts have no business getting involved in these disputes anyway.


What? Courts have all the business determining whether statutes are unconstitutional.
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
71302 posts
Posted on 6/24/25 at 8:59 am to
quote:

I know it's hard to believe but I was just trying to understand the legal technicalities of the issue.


I didn’t say that I don’t believe you. I’m just saying that you need to give context as to the intention of your post.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50692 posts
Posted on 6/24/25 at 9:00 am to
quote:

seems the War Powers Resolution of 1973 is in direct violation of Article I, Section 8, Clause 11, which grants Congress the sole power to declare war. And by the Supremacy Clause in Article VI, Clause 2, Article I, Section 8, Clause 11 should make the War Powers Resolution of 1973 null and void.
Are you an attorney that argues cases before a court of competent judicial jurists, or just spit-balling your own personal interpretation?
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:02 am to
quote:

Are you an attorney that argues cases before a court of competent judicial jurists, or just spit-balling your own personal interpretation?


I'm an engineer who grew up with a father that was an attorney and I learned early on the best course of action was to always take the 5th as much as possible.
Posted by boosiebadazz
Member since Feb 2008
84205 posts
Posted on 6/24/25 at 9:03 am to
You also can never go wrong with “it depends”.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50692 posts
Posted on 6/24/25 at 9:05 am to
quote:

You also can never go wrong with “it depends”.
aka "the Clinton special".
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
18823 posts
Posted on 6/24/25 at 9:05 am to
quote:

It’s a clear demonstration that laws are basically enforced by political will or convenience.
Congress, the heart of the most powerful branch, are indeed LAW MAKERS.

I find it funny that when there's a legislative solution of they deem it political they bow out and kick back to Congress.... unless it is Trump
Posted by Hateradedrink
Member since May 2023
3898 posts
Posted on 6/24/25 at 9:05 am to
cope
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:06 am to
quote:

You also can never go wrong with “it depends”.


Very true. "It appears" is another good one.
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:07 am to
quote:

cope


Is that really your interpretation of this thread?
Posted by JimEverett
Member since May 2020
1867 posts
Posted on 6/24/25 at 9:07 am to
quote:

No, It's not unconstitutional


The Act is largely not subject to judicial review. In that sense, its Constitutionality is unimportant.
If Congress feels strongly about compliance with the Act then Congress has to do something.
Posted by Nosevens
Member since Apr 2019
16927 posts
Posted on 6/24/25 at 9:07 am to
You use the “sole power to grant war” but you forget that the president has full authority to implement military actions upon an another country. If war is to be declared then Congressional authority would be needed. They are 2 very separate things
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:09 am to
quote:

If Congress feels strongly about compliance with the Act then Congress has to do something.


You are right. And, this can be said about many many issues.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50692 posts
Posted on 6/24/25 at 9:09 am to
quote:

I'm an engineer
Specialty? I work with lots of engineers. Electro-Optical, Mechanical, Industrial, Wing Frame, Civil. What's yours?
Posted by Hateradedrink
Member since May 2023
3898 posts
Posted on 6/24/25 at 9:09 am to
I consider “cope” to be pointless screaming into the void, like bitching about refs in a football game.

So, yeah.
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 6/24/25 at 9:11 am to
Pipeline and facilities.
This post was edited on 6/24/25 at 9:12 am
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
18823 posts
Posted on 6/24/25 at 9:12 am to
quote:


You use the “sole power to grant war” but you forget that the president has full authority to implement military actions upon an another country. If war is to be declared then Congressional authority would be needed. They are 2 very separate things
correct. That's the trick to this. If the anti-MAGA can define 'war' then they can make everything 'war'. If Trump farts in the general direction of Spain - it's a forever war.

Then they can parse words and judge shop.

So who is known for modifying language to achieve a political end?
That's correct, the left. So anyone who says we are at war for SELLING Patriot and THAAD batteries to Israel or says the strike on Fordow is 'war' has earmarked themselves as a leftist because they are using leftist tactics to achieve leftist TDS goals.
Posted by Jjdoc
Cali
Member since Mar 2016
55369 posts
Posted on 6/24/25 at 9:15 am to
I think its pretty clear.

There is a declaration of war that thrusts our entire nation into war mode. That introduces a lot of powers to be able to conduct the war effort.


Then there is the protection of American interests and people. For good reason, the president has powers to act to defend those without plunging the USA into war.


An example of that would be our troops located outside the USA being attacked. Are they to do nothing until congress declares war? Not at all.


Thats the main difference. At issue is the population not grasping the difference between a war and protecting interests.



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