In fact, America has yet to rise to the occasion and defend itself except in the most feeble of available actions as our Congress has not yet made a "declaration of war" as it is required to do by our Constitution. We have for years instead been at "War with Terrorism." "War on Terrorism" is a not an enemy, it is instead something that an enemy may choose to use against us.
I have to say that I think President Bush got it wrong with the "War on Terrorism" statement and by not insisting on proper Congressional action. Then our Congress left Bush hanging out to dry with their "hands off" resolution of go forth and do something, anything you think appropriate. That way they could continue the venda against Bush whom they believed stole the election. "We the People" let them all get by with it and encouraged both sides, not seeming to realize that we would suffer as a result. Shame on all of us.
Here are both sides of the story -- as far as it goes:
A related article by "RUSH LIMBAUGH / Wall Street Journal 13 Aug 2002:
"[....] And on Sept. 14, 2001, Congress passed a joint resolution which states, in part, 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."
[....] More to the point, by joint resolution of Congress, the president has been affirmatively authorized to sort out these facts and events. [....]"
Comments to Rush Limbaugh's article by ROB MORSE / SF Chronicle 16 Aug 2002
"[...] Barbara Lee, the Democratic congresswoman from Oakland, was the only member of Congress to vote against that resolution, and for that she was called a traitor and received death threats from all over the country. "It was a blank check to the president to attack anyone involved in the Sept. 11 events -- anywhere, in any country, without regard to our nation's long-term foreign policy, economic and national security interests, and without time limit," wrote Lee in The Chronicle on Sept. 23. "In granting these overly broad powers, the Congress has failed its responsibility to understand the dimensions of its declaration. [....]"
As a friend said to me, it is like a couple having sex without ever being married. Neither man nor woman (yes, I'm suggesting marriage is between one man and one woman) had the necessary commitment. When things went wrong they and all their friends blamed one another publicly rather than identify and fix the basic problem.
"America knows, however, the countries who officially sponsor such terrorist organizations. The names of Afghanistan, Iraq, Iran, Syria, Libya, and Sudan easily roll off the lips of any American official asked to identify the countries who have provided terrorists with training facilities, asylum and financial support. America knows of the terrorist organizations that have murdered innocent people for decades, such as Osama bin Laden, Hezbollah, Hamas, and a multitude of Palestinian groups, to name but a few. (The sight on September 11 of the celebrating Palestinians in Gaza and the West Bank should have sickened every American; they were celebrating the mass murder of innocent American citizens.) A declaration of war [....] should simply contain a list of every country and organization that has committed or aided terrorist acts against the U.S.--or stated an intention of committing such acts in the future.
It has been America's inaction against these countries and organizations for the past 40 years or more that has permitted terrorism to fester and grow like a cancer. And just as cancer kills healthy bodies, terrorists yesterday killed thousands of innocent Americans and forever marred a beacon of civilization and progress--the New York City skyline. It is time to cut out and obliterate the cancer [....] --and its supporting ideology of Islamic Jihad--before it spreads and ultimately consumes more innocent and healthy lives."
An unequivocal declaration of war by Congress should have been adopted on September 12--but Congress and our federal government (including our Department of Defense, and Department of Homeland Security) still fails to even recognize and define the enemy and then adopt a declaration of war as its first order of business. After much observation one must ask the question is the reason one of Constitutional illiteracy or subterfuge, or both? But that is another discussion.
Instead, as FISA is currently written, the FISA judges are appointed by the Chief Justice of the United States, who has absolutely no Constitutional authority to make such appointments. This whole mess always circles around to Congress not doing its job and so it is with this FISA situation.
... [H]e shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Article II, Section 2, Clause 2
"A federal judge on Tuesday ordered the U.S. government to pay more than $2.5 million in attorney fees and damages after he concluded investigators wiretapped the phones of a suspected terrorist organization without a warrant.
[....] The judge refused to award any punitive damages, saying the investigators didn't act in bad faith in following the guidelines of the controversial program exposed by the New York Times in 2005."The record shows that the government had reason to believe that Al-Haramain supported acts of terrorism and that critical intelligence could be obtained by monitoring Al-Haramain," [....]
Pete Seda was convicted in October of tax fraud and conspiracy for helping another official of Al-Haramain smuggle the $150,000 out of the U.S. to Saudi Arabia in 2000. [....]"
"Generally, government investigators are required to obtain search warrants signed by judges to eavesdrop on domestic phone calls, e-mail traffic and other electronic communications. But Bush authorized the surveillance program shortly after 9/11, allowing the National Security Agency to bypass the courts and intercept electronic communications believed connected to al-Qaeda.
