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Originally posted by The Larry Davis Experience
Those words are in plain English. The provision says he'll report to the Congress that those parameters were met. What more does it need to say to impose a requirement that such a determination and report shall be made?
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The requirement is that "in connection with the exercise of the authority granted" he "make available" "his determination that (1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq."
I'm not sure what it means to make a determination "available," but in any event, all he has to do is make a determination in regards to (A) or (B). We don't even need to get to (A) because (B) seems very easy to satisfy. He msut determine that diplomacy will not be likely to lead to the enforcement of the UN resolutions. Do you not think he could meet even that standard?
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I think this comment proves too much for you. To garner the necessary support, this language was added. Do you think the people whose support this addition garnered really thought it meant nothing in the larger picture of what authority was given to the President?
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I think it was probably a compromise and that the original language was far more specific.
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Give me the right forum, and it might go pretty far. Either way I think it passes the straight face test.
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What's the right forum, Berkley? Don't quit your day job. If you advised Kerry to do this he'd drop another 3% in the polls.
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You lost me here. You would have to argue he was unreasonable under the current reso, which doesn't insert the reasonable man standard you porposed?
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The assumption is that he will act reasonably. If you want to say he went outside his authority, you would have to argue that he made his determination in bad faith or that he was not reasonable in his determination. Good luck.
efs
