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Ten Myths Discussion

by rcs1

Jeff Huber's Column Top 10 War-Powers Myths at the ePluribus Media Journal outlines the ten biggest myths the Bush Administration propagates about the legality of the President's so called War Powers.

Our personal favorite is Number 4, but that may be because it has to do with Cheney, who is much in the press these days.

4. The War Powers Resolution of 1973 unconstitutionally limits the president’s ability to wage war.

This is one of Vice President Cheney’s favorite mantras, and like so much of what Dick Cheney says, it’s almost entirely delusional. A better argument says that the resolution is unconstitutional because it gives a president too much power.

In a nutshell the resolution limits to a maximum of 90 days the time in which a president may commit forces to combat without specific statutory authorization or a declaration of war from Congress.

The Constitution itself grants the president no authorities whatsoever to send troops into combat without Congressional approval.

Which of these Myths is your favorite?


commentary :: :: :: buzz-it!
  1. The Foreign Intelligence Surveillance Act (FISA) does not apply in wartime.
  2. The president has sole constitutional authority to conduct foreign policy.
  3. The Bill of Rights becomes void in time of war.
  4. The War Powers Resolution of 1973 unconstitutionally limits the president’s ability to wage war.
  5. In the case of Hamdi v. Rumsfeld, the Supreme Court upheld the president’s right to spy on Americans without court orders.
  6. The president has the authority to ignore international treaties, such as the Geneva Convention and the United Nations Convention on Torture, because they are not part of United States law.
  7. It is the job of the attorney general and other key administration attorneys to determine the scope of the president’s constitutional authorities.
  8. “In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
  9. The Constitution expands the president’s authorities as commander in chief in wartime.
  10. As vice president, Dick Cheney is second-in-command of the military and has authority to direct the Joint Chiefs of Staff in the conduct of the War on Terror.
Other ePluribus Media Contributors and Fact Checkers: Sue in KY, Stoy, Cho, Standingup, Vivian, JeninRI, DEFuning
Read Jeff's column to see how he debunks all ten myths. And read his earlier piece on the war powers in The Ides of December

If you like what ePMedia's been doing with research, reviews and interviews, please consider donating to help with our efforts.

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Cheney's reasons for thinking the '73 Act is unconstitutional are so 180 out from what the Constitution actually says, just as most of what he says is 180 out from reality.

by Jeff Huber on Thu Feb 16, 2006 at 11:56:53 AM EST
We need more folks to see things like this, to help counter the prevalence of spin.

Thanks!

by GreyHawk on Thu Feb 16, 2006 at 07:24:40 PM EST

Thanks for taking the time to deconstruct the spin on this for us.  I could choose all of the above for my favorite but if I have to go with one, number four has to be my choice.

by standingup on Thu Feb 16, 2006 at 10:47:44 AM EST
All of the above as option 11.

by Cho on Thu Feb 16, 2006 at 12:28:10 PM EST
I with you on number 4.

The comeback I've heard is:  Well, the Congress holds the purse strings, see - they still have their voice or control.

The problem with that is the President/VP can get us into situations in 90 days that essentially cause a blackmailing of the Congress into funding initiatives that have no support, just to control the damage caused.

by kfred on Thu Feb 16, 2006 at 03:26:24 PM EST

...is nonesense.  It implies that Congress only war power is the power of the purse, when in fact it has most of the war powers.

by Jeff Huber on Thu Feb 16, 2006 at 09:14:43 PM EST

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