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Originally Posted by Sexxxy Sites
I am cognizant of Article I Section 8 and I am cognizant of the 1973 "resolution" known as the War Powers Act. The War Powers act is a non binding "resolution" as is the nature of a "resolution". Many constitutional legal scholars believe that the "resolution" is not within the Constitutional powers of Congress and I would assume that is why it was passed as a resolution. Many constitutional scholars maintain that the Congress does not have the power to over ride Article II Section II of the constitution which designates the President to be the Commander in Chief of the military.
Maybe you can point out the "48 HOURS" that the "resolution" states as I cannot seem to find it.
As for me being misinformed, maybe you should rethink that position.
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The key word is "war". Only the congress can declare war.. The President can use the military though. i.e. North Korea etc. were "police actions". Thus congress passed the War Acts Resolution. It's true that it may be unconstitutional, however evey president to date has followed it while at the same time wording things in such as way as to not agree that it's constituational. There are also legal scholars that feel that any military action taken without congressional approval is unconstituational but that hasn't been resolved either.
http://www.yale.edu/lawweb/avalon/warpower.htm
http://usinfo.state.gov/usa/infousa/...w/warpower.htm
Section 4 contains the 48 hour part.