majorspark;929916 wrote:There is nothing in the constitution that says congress can only declare for defense purposes only.
In all fairness, that could easily be said to be because the Constitution was meant to dictate what the Federal governnment could do ... not what it could not do, which would be virtually impossible to do at one given time in history.
If I sat down with one of my boys at the local youth center and told him, "Jordan, this is what you can do tonight," and I catch him doing something else because I didn't make a list of what he couldn't do, he would still be in error, because even though I didn't give him a list of what he couldn't do, I gave him a list limiting what he could do, meaning anything outside that list is something he ought not do.
The same can be said in this case. The Constitution states what the Federal government was created and is intended to do. As such, that is the limit of what it is supposed to be able to do.
majorspark;929916 wrote:If some rouge nation is choking off the free flow of oil at market prices, shutting down the Suez Canal etc. It hurts our economy and indirectly our ability to pay for the military to defend ourselves. Congress most definitely could declare war on that nation.
I honestly can't agree with this. How would that go?
Nation X: "Sorry. Canal is closed."
Nation Y: "But we need it."
Nation X: "That's unfortunate, but it is our canal, so whether you need it or not, you have no right to claim it."
Nation Y: "Well, then we're just going to have to declare war on you until you let us use your land for our benefit."
If it's not ours, we don't have a claim to it. Now, I can sympathize with the need of course, but only because our nation has made the mistake of allowing itself to become too needy of things which it has no claim to. This idea that we are allowed to take from other countries when they're not playing by our rules is unjust.
Now, if the restriction was indicated to be an action of aggression (a modern-day "siege" I suppose), I might be persuaded otherwise, because the action, though not on our soil, was still hostile toward our people.
majorspark;929916 wrote:In fact the declaration of war clause in the constitution was added primarily for offensive war beyond our borders. The frames wanted to make it very hard to get involved in one. If we are attacked within or borders by a nation we are at war already. FDR alluded to this in his declaration of war speech. I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire . Congress declaring it was merely stating the obvious. I am not saying we should not declare war when attacked inside our borders. We should. Just making a point as to its purpose.
I would say it was more enacting what everyone knew was coming as opposed to stating the obvious as it already was. A state of war ... actions of war ... had indeed already existed. As such, FDR would have been in folly to not declare, because it was still very necessary.
Even still, I don't think we can merely take a president's address as unadulterated truth, but that's aside from the point, I suppose.
majorspark;930126 wrote:Like I said congress should declare war in all cases. If Mexico invades the US and congress does not formally declare war, is the US in a state of war?
Not officially, but you may as well act like it, because a declaration ought to come shortly thereafter.
If no declaration is ever made, then no.
majorspark;930126 wrote:Did I say this? All I said was there is nothing in the constitution saying congress could not declare offensively. Now under the most extreme cases of economic warfare I could support offensive military action.
That is, again, because the Constitution lays out what the Federal government is limited to doing, and not what it is prohibited from doing. It states what it is allowed to do, which under Aristotelian logic would indicate that what is not mentioned is what it is not allowed to do.
majorspark;930126 wrote: Sure they do. If we are strangling a nation economically, should they just lay down and die?
What they do is up to them. If we are within our rights as a country, and a nation attacks us for that, then we ought to declare formal war against said nation.
majorspark;930126 wrote:And you guys have been running for how long now telling us they hate us cause we do this type of stuff.
It would seem that way, as we are being attacked more now than we were when our economy was "booming." If their hatred was because of our freedom and prosperity, one would think they would have attacked more frequently then. However, the number of attacks correlate more closely with our involvement over there than they do with our times of freedom and/or prosperity.
majorspark;930126 wrote:Congress alone has the ability to determine when that line is crossed.
And as far as I know, they have yet to make a formal declaration against the nations we're in.
jhay78;930180 wrote:I'm sure there were many Japanese who didn't support the Emperor, and many Germans who despised the Fuhrer, yet were terribly impacted by our actions in WWII.
One does have to acknowledge a difference in circumstance when a declaration of war has been made, to be fair. Also, at least at that point the leaders were ordering the attackers/adversaries. In this case it was a religious sect that, while probably cheered by the leaders of the respective countries, was not commissioned by the leaders of the respective countries (that we know of). If that was found to be the case, then it opens a whole new scenario.
jhay78;930180 wrote:If negative impact on the civilian population eliminated any and all instances of just war on our part, then it would seem to leave room for the unjust and brutal regimes to inflict even greater casualties on civilians both here and elsewhere.
Brutal regimes are a reality of the world, but it is not our responsibility to occupy a sovereign nation for the purpose of ousting a leader who we deem "brutal" enough. (A) We are without the right to do so, and (B) it leaves far too much up to the subjectivity of the people in office at the time.
jhay78;930180 wrote:That's a different argument from "We shouldn't have been there in the first place", which some like to make.
Sure. I agree that we should have gone into Afghanistan (not bombed, occupied for years on end, or rebuilt) for the purpose of finding and taking out bin Laden. That's it, though.