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Ramo is offline Ramo
King
Austin, Texas, USA
Oct 1999
time: 23:33
  Old Post 24-08-2004 23:44 Visit Ramo's homepage!
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quote:
Ramo, not even Clinton abided by the War Powers Act. It's constitutionality is suspect.


No, it's not. The Constitution gives Congress exclusive power to declare war.

SpencerH is offline SpencerH
King
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Feb 2002
time: 23:33
  Old Post 24-08-2004 23:46
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Hmmm, yes I had forgotten that specific law which (in effect) reinstates congresses constitutional right to declare war that was thrown into imbalance by the actions of Kennedy and Johnson. Note, however, that it required presidential acquiescence (Nixon) to be law.

Ramo is offline Ramo
King
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Oct 1999
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  Old Post 24-08-2004 23:48 Visit Ramo's homepage!
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Actually, it was passed over the veto of Nixon.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
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  Old Post 24-08-2004 23:51
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quote:
Originally posted by Ramo
quote:
Ramo, not even Clinton abided by the War Powers Act. It's constitutionality is suspect.


No, it's not. The Constitution gives Congress exclusive power to declare war.


The word "exclusive" does not appear in the grant of power to the Congress.

The president is the commander in chief. He is required to protect and defend the United States regardless of what Congress "declares."

Ramo is offline Ramo
King
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Oct 1999
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The Constitution doesn't give the President (or anything else) the power to declare war, thus Congress' power is exclusive. If you really are a Constitutional lawyer, there are some serious problems with our law schools.

Ned is offline Ned
Prince
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Oct 1999
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  Old Post 24-08-2004 23:55
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quote:
Originally posted by Ramo
The Constitution doesn't give the President (or anything else) the power to declare war, thus Congress' power is exclusive. If you really are a Constitutional lawyer, there are some serious problems with our law schools.


Sure, sure.

The president is going to consult Congress if Russia launches a nuclear strike?

Think.

GePap is offline GePap
King
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Nov 2001
time: 23:33
  Old Post 24-08-2004 23:57
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quote:
Originally posted by Ned


The word "exclusive" does not appear in the grant of power to the Congress.

The president is the commander in chief. He is required to protect and defend the United States regardless of what Congress "declares."


Bombing a sovereign country when it is a declared neutral party (even if its autocratic rulers don't seem to care) is an act of war- specially when we are speaking about a policy of bombings, and not just hot pursuits.

That is Congress' are of control-NOT the Presidents.

Ned is offline Ned
Prince
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Oct 1999
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  Old Post 24-08-2004 23:58
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Think also of everything that Lincoln did at the start of the Civil War. He did all that, including arresting rebels in the North, without consulting Congress. Congress later ratified his actions though. But still, Lincoln was required to ACT in order to save the Union.

Ramo is offline Ramo
King
Austin, Texas, USA
Oct 1999
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quote:

Sure, sure.

The president is going to consult Congress if Russia launches a nuclear strike?

Think.


The War Powers Act has a provision in case of national emergencies.

Read.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 24-08-2004 23:59
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quote:
Originally posted by GePap


Bombing a sovereign country when it is a declared neutral party (even if its autocratic rulers don't seem to care) is an act of war- specially when we are speaking about a policy of bombings, and not just hot pursuits.

That is Congress' are of control-NOT the Presidents.


No one bombed a neutral country. Nixon bombed communist bases inside Cambodia with the "tacit" consent of Sihanouk.

molly bloom is offline molly bloom
Prince
Lundenwic
Oct 2001
time: 15:33
  Old Post 25-08-2004 00:00
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quote:
Originally posted by Ned


Interesting. Give me a cite to the legislation.

Regardless, I still think a president has authority to conduct military operations against an enemy whereever he finds them.


I begin to think you're losing the plot, in your bid to canonize St. Richard of the Water Gate and his acolyte, the Blessed Henry of the Foreign Coup.

'In Nixon's memoir, 'No More Vietnams', his justifications for having Operation Menu remain in total secrecy included avoiding any American uproar that might have resulted from a publicized strike and the desire to avoid antagonizing Prince Sihanouk. "My administration was only two months old and I wanted to provoke as little public outcry as possible at the outset."

Nixon also argued that his actions should not be considered unconstitutional since Johnson had never formally declared war and that the North Vietnamese had already violated Cambodia's neutrality by maintaining bases on its eastern borders. Kissinger's biography, written by Marvin and Bernard Kalb, with Kissinger's full cooperation, makes it known that the Secretary of State had no trouble justifying the deception. If the widenining war was exposed, the national uproar would undermine the plans for peace laid out by the Nixon Administration. 7


Nixon and Kissinger clearly overstepped their boundaries by acting without decent restraint in their respective offices. They were more worried about the public's reaction to violating a country's neutrality, than about the constitutional requirement that required them to obtain permission from Congress to make war on other countries. Nixon obviously realized that if he asked for this permission, much of the public would be angry. He would also have had to call off subsequent bombings, thus undermining his purpose, which was to display that he would not be constrained by domestic opposition. Kissinger appeared to feel that the whole operation and its total secrecy was legitimate. '


'1969: Served as Assistant to the President for National Security Affairs under President Richard Nixon and became the head of the National Security Council. In his role, Kissinger helped engineer the U.S. bombing of Cambodia and opened detente with Soviet Union. '

http://www.npr.org/programs/atc/fea....kissinger.html


Invading a neutral, Ned?

'President Eisenhower exerted economic and diplomatic pressure at a high level to bring an end to the invasion of Egypt by Britain, France, and Israel in October 1956.

During the Algerian war of independence, the United States had also repudiated France's claimed right to attack a town in neighboring Tunisia that succored Algerian guerrillas, and in 1964, at the United Nations, Ambassador Adlai Stevenson had condemned the United Kingdom for attacking a town in Yemen that allegedly provided a rear guard for rebels operating in its then colony of Aden.'


Clearly, do as I say, not do as I do.


'General Taylor described the practice of air strikes against hamlets suspected of "harboring" Vietnamese guerrillas as "flagrant violations of the Geneva Convention on Civilian Protection, which prohibits `collective penalties,' and `reprisals against protected persons,' and equally in violation of the Rules of Land Warfare." He was writing before this atrocious precedent had been extended to reprisal raids that treated two whole countries--Laos and Cambodia--as if they were disposable hamlets.'

http://www.mega.nu:8080/ampp/hitchens_on_kissinger.html


You'll note- Kissinger has not sued Mr Hitchens on the grounds that he has been misrepresented or misquoted by him.

Ramo is offline Ramo
King
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Oct 1999
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quote:
Think also of everything that Lincoln did at the start of the Civil War. He did all that, including arresting rebels in the North, without consulting Congress. Congress later ratified his actions though. But still, Lincoln was required to ACT in order to save the Union.


In Ex Parte Merryman, SCOTUS ruled that only Congress has authority to suspend habeas corpus.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:02
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Sihanouk made it clear in a press conference in early '69 that he did not consider US bombing of the communist bases to be bombing of Cambodia because there were no Cambodians in these bases.

Ned is offline Ned
Prince
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Oct 1999
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  Old Post 25-08-2004 00:09
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Molly, the primary reason for keeping the bombing secret was so to allow many governments to not have to take a public stand on anything. Kissinger had concerns that the commies would once again call of the peace talks. China and Russia would have to take a public position. Sihanouk, who was privately supportive, might have to take a public stand against.

There of course was concern about feeding the antiwar movement new fodder, but that was not a major concern.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:12
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quote:
Originally posted by Ramo
quote:
Think also of everything that Lincoln did at the start of the Civil War. He did all that, including arresting rebels in the North, without consulting Congress. Congress later ratified his actions though. But still, Lincoln was required to ACT in order to save the Union.


In Ex Parte Merryman, SCOTUS ruled that only Congress has authority to suspend habeas corpus.


Perhaps. But that was after the Civil War had ended.

Even in the most recent case, the Supreme Court does not dispute the presidents authority to detail combatants for a time necessary to quell the battlefield. Habeas corpus comes into play only when the president decides to "continue" to detain combatants.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:14
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Molly, your examples are good examples of American hypocrisy. It does not address the authority of a US president vis-a-vis Congress.

molly bloom is offline molly bloom
Prince
Lundenwic
Oct 2001
time: 15:33
  Old Post 25-08-2004 00:16
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quote:
Originally posted by Ned
Molly, strictly from memory, the Khmer were funded by China and supplied by the North Vietnam. They got very little in the way of supplies while Sihanouk was in power because he was officially neutral. When he was overthrown, the kids gloves came off and the North Vietnamese began to give the Khmer ample supplies in an effort to overthrow the government of Cambodia.



Strictly from memory, Ned, just a few posts ago, you said this:

'The Khmer were supported by North Vietnam, not by the people of Cambodia. '


Unfortunately, Pol Pot organising the Khmer Rouge on his own as several of my cites indicated, and the fact that Cambodians joined because of the the U.S. bombing campaign (as noted by the C.I.A., that well-known Commie front) would seem to make your statement, oh, how shall I put it?

Eyewash.

Even if the North Vietnamese and the Chinese supplied and funded the Khmer Rouge, it doesn't mean they organized them, controlled them, or inspired them- several factions of the Khmer Rouge were vociferously anti-Viet Namese and hard line nationalists.


They had very little in the way of supplies from Sihanouk, because if you'd bothered to read my posts properly, you'll notice that Sihanouk cracked down on them when they tried to start a rebellion against him.

As for 'overthrowing' the government of Cambodia- you mean of course the Lon Nol government which overthrew the Sihanouk government courtesy of an American backed coup, don't you?

Strange what you consider to be a legitimate government.

It wasn't until Sihanouk had been deposed and was in exile that he joined up with the Khmer Rouge.

Ned, Cambodia was a neutral country. J

ust because one autocrat decides to look the other way under pressure from a superpower as it bombs his country and kills it's citizens does not mean it isn't neutral.


It was not at war with the United States; it was not an ally of the United States: ergo, it was neutral.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:16
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quote:
Originally posted by GePap


Bombing a sovereign country when it is a declared neutral party (even if its autocratic rulers don't seem to care) is an act of war- specially when we are speaking about a policy of bombings, and not just hot pursuits.

That is Congress' are of control-NOT the Presidents.


So, are you suggesting that MacArthur should have consulted Congress and not Truman when he asked for authority to bomb communist bases inside China during the Korean War?

Patroklos is offline Patroklos
Warlord
Back home in good ole Norfolk VA
Dec 2001
time: 05:33
  Old Post 25-08-2004 00:19
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john kerry.........


For forms sake.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:22
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Molly, your recent rendition of facts concern the Khmer is consistent with my knowledge. They did not take off with the people of Cambodia until the King joined them in alliance. They still needed military supplies from North Vietnam and financing from China, which increased dramatically when Sihanouk was overthrown and Cambodia officially welcomed South Vietnamese intervention.

molly bloom is offline molly bloom
Prince
Lundenwic
Oct 2001
time: 15:33
  Old Post 25-08-2004 00:24
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quote:
Originally posted by Patroklos
john kerry.........


For forms sake.


Blame Ned.

He's the one who eulogized two real war criminals.


I'm going to bed- it's 5.20 a.m. here.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:26
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Molly, again, no one bombed Cambodians. We bombed the NVA inside Cambodia. There is a difference.

Ned is offline Ned
Prince
of Aptos, CA
Oct 1999
time: 21:33
  Old Post 25-08-2004 00:27
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Good night Molly. It's been fun.

See you later guys. I've got to do something as well.

GePap is offline GePap
King
of the Big Apple
Nov 2001
time: 23:33
  Old Post 25-08-2004 00:36
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quote:
Originally posted by Ned


So, are you suggesting that MacArthur should have consulted Congress and not Truman when he asked for authority to bomb communist bases inside China during the Korean War?



NO, he had to consult his superior, which was Truman. Truman would have had to go to congress thought.

Patroklos is offline Patroklos
Warlord
Back home in good ole Norfolk VA
Dec 2001
time: 05:33
  Old Post 25-08-2004 00:37
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Now that THAT is over, GePap and I can get back on topic at hand, martial culture.

Ramo is offline Ramo
King
Austin, Texas, USA
Oct 1999
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quote:

Perhaps. But that was after the Civil War had ended.


No. It was during the Civil War (in '61 IIRC)

quote:
Even in the most recent case, the Supreme Court does not dispute the presidents authority to detail combatants for a time necessary to quell the battlefield.


Which has what to do with secretly bombing another country, exactly?

Comrade Tassadar is offline Comrade Tassadar
Settler

Aug 2005
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Kerry eats babies! He rapes women! He lines people against a wall and kills them all! Run away!!1!11

GePap is offline GePap
King
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Nov 2001
time: 23:33
  Old Post 25-08-2004 01:05
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quote:
Originally posted by Ned
Molly, again, no one bombed Cambodians. We bombed the NVA inside Cambodia. There is a difference.


NO, we bombed Cambodia, hoping to get the NVA, and obviously failing- and we also killed lots of Cambodians doing it.

Patroklos is offline Patroklos
Warlord
Back home in good ole Norfolk VA
Dec 2001
time: 05:33
  Old Post 25-08-2004 01:11
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But John Kerry was there over Christmas, are you saying he killed people over the holidays. That...Bastard...

rah is offline rah
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Lord of the Ferrets
Jan 1970
time: 23:33
  Old Post 25-08-2004 01:12
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Back on topic.
Having tried to read everything with an open mind. I have come to the following conclusions.

Kerry coming back from the war and speaking out about it pissed some people off and they're going for a little payback. Both had a right to speak out but it doesn't really belong in presidential campaigns.

Kerry seems to have been well aware of the regulations about getting home early through the use of Purple Hearts and probably stretched the definition a bit to take advantage of it. I really don't care what others recall and all the counter claims since it all happened so long ago, I'm sure selective memory is in effect. If I had been in Nam and thought there was a way to get out of there early through proper proceedures, I probably would have tried to work things to my advantage also. I do have a lot of respect for people that volunteered to fight there. I'm sure he was put in mortal danger more than once. He should be proud he served. Alas he wasn't.

BUT, if I had taken advantage of certain regulations to serve a short short term there, and then spoke out against the war upon returning, I would have kept my mouth shut and not tried to use it as a main focus of my election campaign. A humble quiet hero plays better anyway.

SO my whole problem with this is not what happened, since I really don't care. He served his country and came home alive. That's enough for me.

BUT, it does make me question his decision making abilities if he could be convinced that Pushing the WAR HERO thing was a good idea.

 
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