From: "Gary Britt" 

Yes no branch of government is anxious for a constitutional crisis.

I disagree with the implication below that Vietnam wasn't a declared war.
It was.  The Gulf of Tonkin resolution constituted the declaration of war I
believe, as well did all the continuing authorizations for spending in
support of the war, in effect.

Gary

"Rich Gauszka"  wrote in message
news:43b17fe8$1{at}w3.nls.net...
>
> "Gary Britt"  wrote in message
> news:43b17c23$1{at}w3.nls.net...
> > Each side (Congress and the President) don't want to officially lose and
> > prefer weak kneed murkiness to a clear cut decision.
> >
>
> The Supreme Court is also guilty in contributing to the murkiness.
>
> http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/warandtreaty.htm
> The Supreme Court has had relatively little to say about the
Constitution's
> war powers.  Many interesting legal questions--such as the
constitutionality
> of the "police action" in Korea or the "undeclared
war" in Viet Nam--were
> never decided by the Court.  (Although the Supreme Court had three
> opportunities to decide the constitutionality of the war in Viet Nam, it
> passed on each one.)
>
>

--- BBBS/NT v4.01 Flag-5