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Old 09-15-2004, 09:47 PM   #4612
The Larry Davis Experience
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Join Date: Aug 2003
Location: Davis Country
Posts: 627
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Quote:
Originally posted by sgtclub
Because they expressly left that judgement call to his determination.
Ah, the business judgment rule rears its ugly head. Is that really your argument, that Kerry is contradicting his prior vote because the requirement of the president to report back as to how he used the authority means nothing? Where I come from, words have meaning, esp in a fairly short piece of legislation like this one. At the very least it shows someone among the drafters was interested in making sure the discretion was used in the right way, contrary to Burger's post about how nothing was done to fetter the authority.

Quote:
They could argue that he made the judgement call in bad faith, but that one would be difficult to pass the straight face test.
Why? We cut short the inspections and once we got in there we never found the WMDs. I'm sure someone who was listening to GWB's speeches about how SH had the most evil weapons ever devised might be able to make a straight face argument that the authority was used for reasons other than those stated at the time. Not saying they'd win, mind you, so spare me the Bush lied crapola. I realize the war could be justified on humanitarian grounds if you are so inclined, but I don't find much of that in the reso.

Quote:
I note further that they didn't qualify that the determination be reasonable, which is what I would have expected.
So we have to explicitly direct the president to be reasonable in determining whether to go to war? I like your style, man.
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