Unconstitutional Wars
By de Andréa
Opinion Editorialist for
‘THE
BOTTOM LINE’
Posted September 22, 2017
Even though it has been more
than 16 years since Congress first passed the authorization of military force in
Afghanistan after the Sept. 11, 2001, attacks, and that Congress at the time never
intended it to serve as supporting combat operations in countries from Yemen to
Somalia, the Senate on Wednesday still rejected a bill to repeal it.
Senator Rand Paul, the most
constitutionally intelligent spokesperson for the repeal effort, pleaded,
urged, and argued on the Senate floor.
“What we have
today is basically unlimited war — war anywhere, anytime, any place on the
globe,” Senator Paul told his
colleagues in a speech Tuesday afternoon. “I don’t think anyone with an ounce of
intellectual honesty believes these authorizations allow current wars we fight
in seven different countries.”
Paul continued, "We
are supposed to be a voice that debates and says, 'Should we go to war?
It's
part of doing our job. It’s about grabbing power back and saying this is a
Senate prerogative."
But it again fell on the deaf ears of a corrupt Congress.
Our Founding Fathers made it
very difficult for Americans to be sent to war.
They had witnessed centuries
of tyranny strengthening itself in countries where kings and parliaments used
their own people as pawns and slaves in self-serving wars for more power and personal
ambition.
So the Constitution they crafted did not grant the
president any authority to unilaterally attack other nations except in an
emergency of defense.
“The
Constitution vests the power of declaring war in Congress,” said George Washington, “Therefore no offensive
expedition of importance can be undertaken until after they shall have
deliberated upon the subject and authorized such a measure.”
So the truth here is that the President of these
United States is not the Commander in Chief of the armies until Congress
declares him, through a declaration of
war.
James Madison asserted, “The
executive has no right, in any case, to decide the question, whether there is
or is not cause for declaring war.”
The operative clauses to
look up here are Article
I, Section 8, Clause 11 of the U.S. Constitution, which grants
Congress and Congress only the power to declare war.
The President, meanwhile,
derives the power to direct the military after a
Congressional declaration of war from Article
II, Section 2, which names the
President Commander-in-Chief of the Armed Forces.
So while cooperation between
the President and Congress regarding military affairs is required, only
Congress has the authority to attack or “declare” war; not the President. It’s called the balance and separation of
powers.
Unfortunately, throughout
the 20th and 21st centuries, many Presidents have engaged in military
operations without express Congressional decoration of war called police
actions.
The Korean War, the Vietnam
War, Operation Desert Storm, the Afghanistan War of 2001 and the Iraq War of
2002 are some examples. And in every case we have lost or are losing the wars.
Congress has the duty and
responsibility to debate and discover if, in fact, there is a need for war
before they allow the young men and woman of our armed forces to be put in
harm’s way.
THE BOTTOM LINE: Does anyone know what would have happened if we had
followed the constitution to the letter regarding this ongoing and continuous
state of unauthorized wars? Of course not, but I can’t help but wonder just
where we would be if Congress would have had to authorize and declare war on
all these countries instead of the knee jerk reaction of the last few
presidents.
Example: the attack on
Libya, an absolutely unnecessary destruction of a sovereign state that now has
become totally destabilized and run by a bunch of rogue ISIS terrorists.
Somehow I don’t think Congress would have approved and actually authorized that
declaration of war. So I believe I can
say with some certainty that Libya and the rest of North Africa wouldn’t be under
the subjugation and threat of ISIS terrorists today if in fact our Federal
Government would have obeyed the law of the Constitution and debated the issue.
We have completely lost the
ingenious balance of power that the Framers had so cleverly entwined into
constitutional law.
Thanks for listening my friend. Now go do the right thing, pray and fight
for truth and freedom.
-
de Andréa
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