Congress Gave Bush a Blank Check

[Yoshie Furuhashi]

>Date: Sat, 15 Sep 2001 11:00:24 -0700
>From: Steve Diamond <sdiamond at scu.edu>
>Subject: [PEN-L:17170] Congress gave him a blank check
>Reply-To: pen-l at galaxy.csuchico.edu
>
>Here is the text of the resolution - it is as open-ended as one could
>imagine.  So much for the argument that Congress was concerned not to repeat
>the Gulf of Tonkin disaster.
>--------------------------------
>
>Following is the joint resolution authorizing the use of force against
>terrorists, adopted yesterday by the Senate and the House of
>Representatives:
>
>To authorize the use of United States armed forces against those responsible
>for the recent attacks launched against the United States.
>
>Whereas, on Sept. 11, 2001, acts of despicable violence were committed
>against the United States and its citizens; and
>
>Whereas, such acts render it both necessary and appropriate that the United
>States exercise its rights to self-defense and to protect United States
>citizens both at home and abroad, and
>
>Whereas, in light of the threat to the national security and foreign policy
>of the United States posed by these grave acts of violence, and
>
>Whereas, such acts continue to pose an unusual and extraordinary threat to
>the national security and foreign policy of the United States,
>
>Whereas the president has authority under the Constitution to take action to
>deter and prevent acts of international terrorism against the United States.
>
>Resolved by the Senate and the House of Representatives of the United States
>of America in Congress assembled,
>
>Section 1. Short Title
>
>This joint resolution may be cited as the "Authorization for Use of Military
>Force"
>
>Section 2. Authorization for Use of United States Armed Forces
>
>(a) That the president is authorized to use all necessary and appropriate
>force against those nations, organizations, or persons he determines
>planned, authorized, committed, or aided the terrorist attacks that occurred
>on Sept. 11, 2001, or harbored such organizations or persons, in order to
>prevent any future acts of international terrorism against the United States
>by such nations, organizations or persons.
>
>(b) War Powers Resolution Requirements
>
>(1) Specific Statutory Authorization -- Consistent with section 8(a)(1) of
>the War Powers Resolution, the Congress declares that this section is
>intended to constitute specific statutory authorization within the meaning
>of section 5(b) of the War Powers Resolution.
>
>(2) Applicability of Other Requirements -- Nothing in this resolution
>supersedes any requirement of the War Powers Resolution.
>
>
>
>© 2001 The Washington Post Company
>
>
>Stephen F. Diamond
>School of Law
>Santa Clara University
>sdiamond at scu.edu