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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
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February 6, 2012
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
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January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
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Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
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Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
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January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
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January 13, 2012
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Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
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January 11, 2012
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Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
July 10, 2008
/ 7 Tamuz 5768
Fixing How We Go to War
By
David Broder
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http://www.JewishWorldReview.com |
Just shy of eight years after they squared off in the Florida recount battle, James A. Baker III and Warren Christopher have joined forces to clean up one of the ugly legacies of Vietnam the misguided piece of legislation called the War Powers Act.
Passed in 1973, when Congress was mightily frustrated with the undeclared war in Southeast Asia, that statute is proof of the adage that hard cases make bad law. Cases don't come any harder than Vietnam, and the War Powers Act has turned out to be one of the worst bills ever to reach the president's desk and be signed into law.
Its constitutionality is suspect, but no one has ever found a way to test it in court. Now Baker and Christopher, both former secretaries of state before they became lawyers for George W. Bush and Al Gore, respectively, in the 2000 struggle over Florida's decisive electoral votes, have found common cause as co-chairmen of a National War Powers Commission created by the Miller Center of Public Affairs at the University of Virginia.
When I went to see the two men during their visit to Washington this week, I found no lingering sense of the partisan animosities that marked their Florida encounter. Instead, they communicated a shared passion to help the next president and Congress find a way to solve a problem that has vexed the capital since the early days of the republic.
The Founders left a ton of confusion about a pretty important question: Who has the authority to make war? Article I of the Constitution gives Congress the exclusive right to declare war, but Article II makes the president the commander in chief. Nowhere does it say where the authority of one stops and the other begins.
The War Powers Act tried to resolve the question by putting a time limit on the president's ability to deploy troops into a combat zone, but no president has accepted as legitimate that limitation on his authority, and Congress has never tried to enforce it.
Baker and Christopher told me that as they dug into the issue, they and their fellow commission members quickly concluded that there was no way to nudge the Supreme Court into settling the issue. The court has an aversion to arbitrating a "political question" arising from a conflict between the elected branches.
But Baker and Christopher were reluctant to accept the status quo, in part because, as lawyers, it offends them to have a vital area of public policy governed by a law that no one takes seriously.
Instead, they focused on the question of how to encourage substantive discussion between the branches before the weighty decision is made to put troops into combat. Their proposed substitute is called the War Powers Consultation Act.
It calls on the president to consult with key legislators before sending troops into "significant armed conflict," defined as a situation where fighting may last more than a week. It creates a Joint Congressional Consultation Committee, composed of leaders of both parties and senior members of six key committees, and it guarantees that the committee and its staff have access to all the relevant intelligence the president sees.
It requires Congress to vote up or down on a deployment within 30 days, and it permits a cutoff of funds for deployments if approved by two-thirds of the House and Senate.
That complex procedure, Baker said, is designed to preserve the constitutional authority of both the president and Congress. It avoids some of the practical and legal infirmities of the current War Powers Act. But, as he readily conceded, "You can't legislate trust," and without trust, no set of procedures can be guaranteed to work.
It could be argued that if there were trust between the leaders of the elected branches as there has been for substantial periods of our history but not in recent years you would need no statute to replace the War Powers Act.
But Baker and Christopher argue that with a new president and a new Congress arriving in January, agreement on a workable substitute for the War Powers Act could, in itself, be a confidence-building step.
I have trouble seeing this as a high priority on the 2009 agenda. But I do think the Florida antagonists have devised a clever way to signal a healthy change toward bipartisanship in foreign policy.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
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Previously:
07/07/08: Decider on the High Court
07/03/08: One Nation No More? Civics Needs a Boost, but Our Identity Endures
06/30/08: Dumbing Down the Presidency
06/26/08: Voting's Neglected Scandal
06/23/08: Why don't we know what makes Obama tick?
06/19/08: Foreign Policy's Best Hope
06/16/08: Perot, Back On the Charts
06/16/08: The Many Gifts of Tim Russert
06/12/08: Why Hillary played the womyn card
06/08/08: Eclipsed by the Adventures of Hillary
06/02/08: Obama in retreat
06/02/08: Reality vs. the Mythmakers
05/29/08: Hamilton Jordan's Message to Obama
05/27/08: Let the Veepstakes Begin
05/19/08: The mental exercise of placing Obama in the Oval Office requires more imagination than did moving Reagan from the silver screen to Pennsylvania Ave.
05/15/08: For Obama, a Lost Moment
05/12/08: The price of delay
05/08/08: Phoniness and inevitability
05/05/08: Winning by destruction: An insider reveals the Hillary game plan
05/01/08: Candidates' high-mindedness is rooted in religiosity; but Hillary and McCain don't have hater as inspiration
© 2008, by WPWG
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