NEW RESOLUTIONS?
On the constitutionality of the Iraq Resolution by congress, there has been a lawsuit brought by Congressman McDermott and others, which has been dismissed. Further action is seen in HJR 20 and SR 32. These seek to return war powers to congress. The ambiguity mentioned below can also be seen in UN Security Council Resolution 1441. Unanimity was admired in its passage. However, taking action apparently was not seen by many of those voting to be automatic. Therefore it is only more imperative that the congressional authority be reconsidered. In fact victory may be declared in retracting it, seeing that progress is being made and work being done to continue pressure and unanimity.
The Joker reference may be disrespectful but fits the analogy so well as to the power the president already has in terms of diplomacy and ambiguity, and in fact demonstrates similar tactics by the administration, which I do not admire. Nevertheless, it is not appropriate to dis-avail myself of literary means, when others disregard legal means.
[February 25, 2003] To those concerned.
Here is my take on it, and I wonder how it fits. The ambiguity of the congressional resolution seems to be the problem. Ambiguity has its place maybe in diplomacy, but not in dealings with our own processes. Well maybe in the dealings it has a place but finally the law needs to be clarified. This does not seem to get anywhere, I was trying to get there logically. And without clarity I may have demonstrated that logic will get nowhere.
Anyway, it seems that Congress dealt the President a wildcard when there is already a Joker there. I don’t think I could put it any better, but may need to explain. The President is responsible for diplomacy and the Congress for war and finance. The Congress gave the President a resolution for his game of brinkmanship, basically poker. Therefore it was intentionally ambiguous to play the game of bluff. Now Congress must remove the wildcard or Joker from the deck! A clear resolution or impeachment may be needed. [Reference here is to include all the legal means available to resolve issues between branches of the government, from judicial review to punitive measures.] Unfortunately, the latter faces those who want to play out the game. Unfortunately the game is nothing new but more of the same. The ambiguous resolution acquiesces to a policy of poker and preemption.
Maybe further explanation is needed. Preemption may already be in the hands of a President in terms of actual defense. All one needs, is the guts to act with reason. But to put in the hands as foreign policy, the tool of war, not to mention finance, is wrong.
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