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	<title>Comments on: Congress and Warmaking</title>
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		<title>By: legion</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110861</link>
		<dc:creator>legion</dc:creator>
		<pubDate>Fri, 26 Jan 2007 17:22:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110861</guid>
		<description>A non-binding resolution can be one of two things: a pointless piece of lip-service by a party (or even the entire Congress) that can&#039;t actually directly control the situation, or a &#039;shot across the bow&#039; to give fair warning that if the subject of the resolution isn&#039;t fixed ASAP, stronger measures will be taken.

I&#039;m honestly not sure how much ability Congress has to force a change in thinking on the President; even if they have the power Constitutionally-speaking, they can&#039;t do anything without a significant number of Republicans on their side, and that&#039;s still a huge question mark.

But ask yourself something: If - and I don&#039;t necessarily mean Bush in Iraq, I mean any President in a military situation - if the President is on a dangerously wrong course, and if he cannot or will not change on his own, is full impeachment really the only tool available? Or are there/should there be other ways for Congress to force the issue?</description>
		<content:encoded><![CDATA[<p>A non-binding resolution can be one of two things: a pointless piece of lip-service by a party (or even the entire Congress) that can't actually directly control the situation, or a 'shot across the bow' to give fair warning that if the subject of the resolution isn't fixed ASAP, stronger measures will be taken.</p>
<p>I'm honestly not sure how much ability Congress has to force a change in thinking on the President; even if they have the power Constitutionally-speaking, they can't do anything without a significant number of Republicans on their side, and that's still a huge question mark.</p>
<p>But ask yourself something: If - and I don't necessarily mean Bush in Iraq, I mean any President in a military situation - if the President is on a dangerously wrong course, and if he cannot or will not change on his own, is full impeachment really the only tool available? Or are there/should there be other ways for Congress to force the issue?</p>
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		<title>By: Steven Plunk</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110852</link>
		<dc:creator>Steven Plunk</dc:creator>
		<pubDate>Fri, 26 Jan 2007 16:28:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110852</guid>
		<description>So Congress can set up laws and rules in order to provide a structure for the military.  I see no mention of Congress interfering with day to day or even strategic war planning.  The elastic clause talks of making &#039;laws&#039; for the execution of those responsibilities enumerated.

The non-binding resolution is none of those.  It has nothing to do with the structure of the military and it certainly is not a &#039;law&#039; to be passed to help in the execution of congressional powers.  It&#039;s politics and while it may not be &quot;unconstitutional&quot; it certainly is outside of the enumerated powers set forth by the constitution concerning the armed forces.

Leaving the question of constitutional behind the big question is the wisdom behind such a &quot;feckless&quot; statement.  The resolution is a product of our media driven Congress.  It is not binding, it emboldens our enemies while hurting the morale of our own soldiers, it serves only to put some senators faces on out television screens.  It is all about TV.

Democrats can disagree with war policy and work behind the scenes to enact change if they are serious.  But a serious mood is lacking.  Re-election drives policy and TV drives re-election.</description>
		<content:encoded><![CDATA[<p>So Congress can set up laws and rules in order to provide a structure for the military.  I see no mention of Congress interfering with day to day or even strategic war planning.  The elastic clause talks of making 'laws' for the execution of those responsibilities enumerated.</p>
<p>The non-binding resolution is none of those.  It has nothing to do with the structure of the military and it certainly is not a 'law' to be passed to help in the execution of congressional powers.  It's politics and while it may not be "unconstitutional" it certainly is outside of the enumerated powers set forth by the constitution concerning the armed forces.</p>
<p>Leaving the question of constitutional behind the big question is the wisdom behind such a "feckless" statement.  The resolution is a product of our media driven Congress.  It is not binding, it emboldens our enemies while hurting the morale of our own soldiers, it serves only to put some senators faces on out television screens.  It is all about TV.</p>
<p>Democrats can disagree with war policy and work behind the scenes to enact change if they are serious.  But a serious mood is lacking.  Re-election drives policy and TV drives re-election.</p>
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		<title>By: The Glittering Eye &#187; Blog Archive &#187; An over-abundance of phlegm</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110851</link>
		<dc:creator>The Glittering Eye &#187; Blog Archive &#187; An over-abundance of phlegm</dc:creator>
		<pubDate>Fri, 26 Jan 2007 16:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110851</guid>
		<description>[...] James Joyner posts on Congress&#8217;s war powers here. [...]</description>
		<content:encoded><![CDATA[<p>[...] James Joyner posts on Congress&#8217;s war powers here. [...]</p>
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		<title>By: Greg D</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110828</link>
		<dc:creator>Greg D</dc:creator>
		<pubDate>Fri, 26 Jan 2007 02:58:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110828</guid>
		<description>&lt;em&gt;Chief Justice Chase described the power to declare war as ‘’necessarily&#039;’ extending ‘’to all legislation essential to the prosecution of war with vigor and success, &lt;strong&gt;except such as interferes with the command of the forces and conduct of campaigns.&lt;/strong&gt;&#039;&lt;/em&gt;

If fighting the &quot;surge&quot; doesn&#039;t count as &quot;interfer[ing] with the ... conduct of campaigns&quot;, I cannot imagine what &lt;strong&gt;would&lt;/strong&gt; qualify.</description>
		<content:encoded><![CDATA[<p><em>Chief Justice Chase described the power to declare war as ‘&rsquo;necessarily'&rsquo; extending ‘&rsquo;to all legislation essential to the prosecution of war with vigor and success, <strong>except such as interferes with the command of the forces and conduct of campaigns.</strong>'</em></p>
<p>If fighting the "surge" doesn't count as "interfer[ing] with the ... conduct of campaigns", I cannot imagine what <strong>would</strong> qualify.</p>
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		<title>By: paul lukasiak</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110810</link>
		<dc:creator>paul lukasiak</dc:creator>
		<pubDate>Thu, 25 Jan 2007 23:06:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110810</guid>
		<description>Dear Mr. Joyner:

Please stop making sense.  Its much easier for me to think of you as just another wingnut whose opinions I can disregard while checking your liveblogging about the Libby trial.

Thank you.</description>
		<content:encoded><![CDATA[<p>Dear Mr. Joyner:</p>
<p>Please stop making sense.  Its much easier for me to think of you as just another wingnut whose opinions I can disregard while checking your liveblogging about the Libby trial.</p>
<p>Thank you.</p>
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		<title>By: djneylon</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110803</link>
		<dc:creator>djneylon</dc:creator>
		<pubDate>Thu, 25 Jan 2007 21:46:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110803</guid>
		<description>my, my my,...what a low opinion some have of one of the few editorial pages in the nation that is not a soapbox for the Democratic Party...if those WSJ boys would just toe the line, why, we could give them the same respect we give the New York Times or the National Enquirer...oops, my bad, no editorial page in the Enquirer</description>
		<content:encoded><![CDATA[<p>my, my my,...what a low opinion some have of one of the few editorial pages in the nation that is not a soapbox for the Democratic Party...if those WSJ boys would just toe the line, why, we could give them the same respect we give the New York Times or the National Enquirer...oops, my bad, no editorial page in the Enquirer</p>
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		<title>By: Michael</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110797</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Thu, 25 Jan 2007 21:04:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110797</guid>
		<description>&lt;blockquote&gt;And what the new majority with the complicity of some Republicans are now saying is that they are afraid of a Bush-led victory in Iraq.&lt;/blockquote&gt;
I don&#039;t think anybody honestly believes that is a possibility.  Even if victory in Iraq is possible using the current administration&#039;s strategy, there is little chance that it can be realized in the next 2 years.</description>
		<content:encoded><![CDATA[<blockquote><p>And what the new majority with the complicity of some Republicans are now saying is that they are afraid of a Bush-led victory in Iraq.</p></blockquote>
<p>I don't think anybody honestly believes that is a possibility.  Even if victory in Iraq is possible using the current administration's strategy, there is little chance that it can be realized in the next 2 years.</p>
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		<title>By: Triumph</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110768</link>
		<dc:creator>Triumph</dc:creator>
		<pubDate>Thu, 25 Jan 2007 19:12:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110768</guid>
		<description>&lt;blockquote&gt;One of the great mysteries of the world of journalism is how it is that such a fine newspaper - the WSJ, can have such an abysmally retarded editorial page staff.&lt;/blockquote&gt;

My theory is that since there is no comics section in the WSJ--aside from the usually brilliant &quot;Pepper and Salt&quot;--the editorials have to fill the role of comic relief since they are consistently laughable.</description>
		<content:encoded><![CDATA[<blockquote><p>One of the great mysteries of the world of journalism is how it is that such a fine newspaper - the WSJ, can have such an abysmally retarded editorial page staff.</p></blockquote>
<p>My theory is that since there is no comics section in the WSJ--aside from the usually brilliant "Pepper and Salt"--the editorials have to fill the role of comic relief since they are consistently laughable.</p>
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		<title>By: Tano</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110764</link>
		<dc:creator>Tano</dc:creator>
		<pubDate>Thu, 25 Jan 2007 19:02:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110764</guid>
		<description>Amen.

One of the great mysteries of the world of journalism is how it is that such a fine newspaper - the WSJ, can have such an abysmally retarded editorial page staff.</description>
		<content:encoded><![CDATA[<p>Amen.</p>
<p>One of the great mysteries of the world of journalism is how it is that such a fine newspaper - the WSJ, can have such an abysmally retarded editorial page staff.</p>
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		<title>By: Triumph</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110758</link>
		<dc:creator>Triumph</dc:creator>
		<pubDate>Thu, 25 Jan 2007 18:48:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110758</guid>
		<description>&lt;blockquote&gt;Indeed, the idea that the chief branch of government was to have no say in the prosecution of a war once they declared it, is anathema to the idea of limited government with checks and balances.&lt;/blockquote&gt;

Indeed, the idea that the Wall Street Journal page knows anything about the Constitution is anathema to those of us who value basic common sense and rationality.

I am not sure why you are even taking anything the WSJ editorial page says seriously.</description>
		<content:encoded><![CDATA[<blockquote><p>Indeed, the idea that the chief branch of government was to have no say in the prosecution of a war once they declared it, is anathema to the idea of limited government with checks and balances.</p></blockquote>
<p>Indeed, the idea that the Wall Street Journal page knows anything about the Constitution is anathema to those of us who value basic common sense and rationality.</p>
<p>I am not sure why you are even taking anything the WSJ editorial page says seriously.</p>
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		<title>By: Edgardo</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110754</link>
		<dc:creator>Edgardo</dc:creator>
		<pubDate>Thu, 25 Jan 2007 18:42:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110754</guid>
		<description>And what the new majority with the complicity of some Republicans are now saying is that they are afraid of a Bush-led victory in Iraq. Please pay more attention to what&#039;s going on in Iraq than to Congress (for example, what do you think about this story 
http://www.nysun.com/article/47363).</description>
		<content:encoded><![CDATA[<p>And what the new majority with the complicity of some Republicans are now saying is that they are afraid of a Bush-led victory in Iraq. Please pay more attention to what's going on in Iraq than to Congress (for example, what do you think about this story<br />
<a href="http://www.nysun.com/article/47363)." rel="nofollow">http://www.nysun.com/article/47363).</a></p>
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		<title>By: legion</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110752</link>
		<dc:creator>legion</dc:creator>
		<pubDate>Thu, 25 Jan 2007 18:39:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110752</guid>
		<description>&lt;blockquote&gt;Indeed, the idea that the chief branch of government was to have no say in the prosecution of a war once they declared it, is anathema to the idea of limited government with checks and balances.&lt;/blockquote&gt;
I was responding to Steven Plunk in an earlier thread along these lines, but this also sums up a lot of my thoughts. The President may be the CinC, but he can also be wrong. What if he can&#039;t see that he&#039;s wrong, or refuses to change course even knowing he&#039;s wrong?

An important factor in this discussion is the &quot;what if&quot; factor. One of the hallmarks of this administration&#039;s disastrous mismanagement of Iraq is their refusal to consider the question &quot;what if this doesn&#039;t work&quot; - even to open insults and accusations of supporting our enemies for even bringing up the question. Well, this is what it looks like:
- The American people, in polls and then the recent elections, have told Bush they don&#039;t agree with what he&#039;s doing. Bush ignores them.
- The polls, the People, and many senior military strategists and diplomats have told Bush his &quot;stay the course&quot; and &quot;get a bigger hammer&quot; plans won&#039;t work. Bush ignores them.
- Congress, enacting the will of the people who elected them, make speeches and pass non-binding resolutions underlining these ideas. 

What if this doesn&#039;t work?
- Congress may start jacking around with the Defense budget, or the &quot;emergency requests&quot; that come in every so often, since Rumsfeld wouldn&#039;t let the military put any expenses for Iraq or the GWOT into their regular budget plans.
- Congress can demand accountability and oversight of a wide variety of subjects, such as the honesty (or lack therof) of the intelligence they &amp; the American people were shown to draw support of action in Iraq, the planning &amp; award of contracts for the rebuilding of Iraq &amp; other post-combat activities, and the transparency with which the government engages in this conflict.
- And if the President absolutely refuses to heed the advice of others; if his actions are deemed so unreasonable that they threaten our very country, then the SecDef, and even the President himself, can be removed from office.

_That&#039;s_ your checks and balances.</description>
		<content:encoded><![CDATA[<blockquote><p>Indeed, the idea that the chief branch of government was to have no say in the prosecution of a war once they declared it, is anathema to the idea of limited government with checks and balances.</p></blockquote>
<p>I was responding to Steven Plunk in an earlier thread along these lines, but this also sums up a lot of my thoughts. The President may be the CinC, but he can also be wrong. What if he can't see that he's wrong, or refuses to change course even knowing he's wrong?</p>
<p>An important factor in this discussion is the "what if" factor. One of the hallmarks of this administration's disastrous mismanagement of Iraq is their refusal to consider the question "what if this doesn't work" - even to open insults and accusations of supporting our enemies for even bringing up the question. Well, this is what it looks like:<br />
- The American people, in polls and then the recent elections, have told Bush they don't agree with what he's doing. Bush ignores them.<br />
- The polls, the People, and many senior military strategists and diplomats have told Bush his "stay the course" and "get a bigger hammer" plans won't work. Bush ignores them.<br />
- Congress, enacting the will of the people who elected them, make speeches and pass non-binding resolutions underlining these ideas. </p>
<p>What if this doesn't work?<br />
- Congress may start jacking around with the Defense budget, or the "emergency requests" that come in every so often, since Rumsfeld wouldn't let the military put any expenses for Iraq or the GWOT into their regular budget plans.<br />
- Congress can demand accountability and oversight of a wide variety of subjects, such as the honesty (or lack therof) of the intelligence they &amp; the American people were shown to draw support of action in Iraq, the planning &amp; award of contracts for the rebuilding of Iraq &amp; other post-combat activities, and the transparency with which the government engages in this conflict.<br />
- And if the President absolutely refuses to heed the advice of others; if his actions are deemed so unreasonable that they threaten our very country, then the SecDef, and even the President himself, can be removed from office.</p>
<p>_That's_ your checks and balances.</p>
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		<title>By: Unpartisan.com Political News and Blog Aggregator</title>
		<link>http://www.outsidethebeltway.com/archives/congress_and_warmaking/comment-page-1/#comment-110750</link>
		<dc:creator>Unpartisan.com Political News and Blog Aggregator</dc:creator>
		<pubDate>Thu, 25 Jan 2007 18:38:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/congress_and_warmaking/#comment-110750</guid>
		<description>&lt;strong&gt;Senate panel votes against Bush on Iraq 
   
...&lt;/strong&gt;

The Democratic-controlled Senate Foreign Relations Committee dismissed President Bush&#039;s plans to inc...</description>
		<content:encoded><![CDATA[<p><strong>Senate panel votes against Bush on Iraq </p>
<p>...</strong></p>
<p>The Democratic-controlled Senate Foreign Relations Committee dismissed President Bush's plans to inc...</p>
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