Did Congress Approve Wiretapping?

Posted by Moonage on 20 Feb 2006 | Tagged as: National Politics

A lot has been made of the wiretapping debate.  Some Democrats have gone so far to even suggest Bush might face impeachment over the issue.  Bush has argued that he had the right to do it, and, that some members of Congress were kept informed of what they were doing.  What I’ve not really seen is a real debate over the merits of Bush’s claim.  His basic claim is he was given the right by the War Powers given him by Congress immediately following September 11, 2001.  Here is the text of that resolution:


One Hundred Seventh Congress
of the
United States of America
AT T H E F I R S T S E S S I O N

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and one

Joint Resolution

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

  • Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

  • Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

  • Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

  • Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

  • Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States:

Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
    This joint resolution may be cited as the “Authorization for Use of Military Force”.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

    (a) IN GENERAL.–That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

    (b) WAR POWERS RESOLUTION REQUIREMENTS.–

        (1) SPECIFIC STATUTORY AUTHORIZATION.–Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
                     S. J. Res. 23–2

        (2) APPLICABILITY OF OTHER REQUIREMENTS.–Nothing in this resolution supercedes any requirement of the War Powers Resolution.


Seems pretty clear to me.  What part of "persons" are people not understanding?

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