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The War Powers Amendment

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Whereas Amendment IX to the United States Constitution provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people; And whereas Article I of the United States Constitution provides to the Congress the sole power  to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; to raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; to provide and maintain a Navy; to make Rules for the Government and Regulation of the land and naval Forces; And whereas, the Congress of the United States passed the 1973 War Powers Act for the purposes of preserving its Constitutional power to declare war; And whereas successive Presidents, since the passage of that Act and prior thereto, have engaged in the following undeclared wars: Korea, Vietnam, Grenada, the Invasion of Mexico in 1840, the Invasion of Iraq which was perpetrated on the expressed doctrine of Preemptive War; And whereas, we the people have determined that Congress cannot restrain, and has failed to restrain the Presidential War Making Power; We the people of the United States, do now and forever more restrain the Presidential power to make war, declaring the  following to wit:


Section 1:  The Congress of the United States of America shall have, and we the people do reaffirm shall always and forever have, the sole power to declare or initiate war.


Section 2:  All measures declaring war or initiating war, whatsoever, shall originate in the House of Representatives, and shall be passed by 2/3 of the House of Representatives from all existing states. 


Section 3: All measures declaring war or initiating war, whatsoever, shall then proceed to the United States Senate, and shall be passed by 2/3 of the full Senate members from all existing states.   


Section 4: The President of the United States, as Commander-in-Chief, shall then duly execute the declaration of war or order to initiate war; The President of the United States, shall not have the power to declare or initiate war without the consent of the people, through it's representatives pursuant to Section 1 & 2 of this Amendment.


Section 5: We, the People of the United States of America, do hereby incorporate by reference, the 1973 War Powers Act passed into law by the Representatives of the People; except, those portions of the War Powers Act, which by implication or explicitly, grants the President power to declare or initiate war; The President has no power to declare or initiate war, and Preemptive war is by definition a Declaration of War or Initiation of War, and we the people forbid and repudiate it as a doctrine unfit to a Democratic-Republic. 


Section 6:  The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


Section 7: The Supreme Court of the United States shall have the sole power to interpret the provisions of this article; any Presidential signing statements, attached to legislation from the Congress enforcing this article, shall be solely interpreted by the United States Supreme Court.

Americans For A War Powers Amendment (AFAW, Inc.), Lafayette, Colorado 80026.  Tel.303-997-5809.

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