Posted on 02/15/2003 7:16:22 AM PST by Jim Noble
I will admit that, for most of my life, I have been a partisan of the "undeclared wars are illegal wars" school of thought. However, I am quite certain that President Bush has the power to defend the United States by conquering and occupying Iraq and killing Saddam Hussein, with or without Congressional "approval". (The issue of whether or not Congress could forbid such an action is a separate question-I personally think they could).
I think the debate over whether the President has the inherent power to command military action has been decisively settled, both by the Supreme Court and by the court of public opinion, in favor of the President.
However, granting that the President has this power does not address the question of what Congress should do with its awesome Article I section 8 power.
Read this coda from the Declaration of War on Japan:
"and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.
""All of the resources of the country are hereby pledged by the Congress of the United States"
That is why Congress has this power. That is what was missing in Korea and in Vietnam. That is what would have been missing if Desert Storm had gone badly. That is what will be missing if and when we have temporary reverses in the upcoming war.
All the resources of the country
That is the one thing the President cannot command. That is the one thing he cannot deliver.
It always used to aggravate me when people said we should follow Johnson's war policy "because he is the Commander-in-Chief". The president is the Commander-in-Chief of the Armed Forces of the United States, not of the People. He can no more command "all the resources of the country" than he can fly.
Only We the People can do that. And only one forum exists for us to exercise Our power-in Congress assembled.
Congress should declare war on Iraq. Not because they must-because they owe our men in uniform all the resources of the country-a vital commodity that only they can deliver.
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.
Did you sleep through it?
The court has ruled that an authorization of war or force is legally equivelant of declaration of war.
From the Padilla case:
"The critics are certainly correct that we must remain eternally vigilant about our civil liberties. But we are in a period of crisis, a crisis legally the equivalent of a declared war."
The case that was just filed will be dismissed.
What is missing is the promise of "all the resources of the country". If my sons were going into battle-and they may well be, before this is over-I would want that from my fellow citizens-that is, from my fellow citizens representatives, in Congress assembled.
I call it a weasley, mealy-mouthed half declaration that leaves many RATs who voted for it enough wiggle room to carp from the sidelines, "that's not what we meant", or, "we want a new resolution".
Please don't focus on the grant of authority-Bush doesn't need it in any event.
Focus instead on the promise of "all the resources of the country"-that's what Congress did not give, and I think they should.
Did you read my post?
Of course the suit will be dismissed, this issue has been fully adjudicated during Vietnam and is settled.
Do you want the People of the United States (who are sovereign here) to pledge "all the resources of the country" to victory in the war, or do you not?
The president's inherent power is only to "repel sudden attacks" as it was put by the drafters of the Constitution.
As Jefferson said, he hasn't the power to take offensive actions "absent the sanction of congress".
Under the Adams and Jefferson administrations it was decided by our Founders that acts of congress were sufficient " sanction of congress".
Their decision is good enough for me- as it was for the Supreme Court.
That said, Iraq is not a situation that calls for any of the reasons for conducting the war under acts of congress instead of a declaration of war.
The war need not be limited as Adams' war against the French was, the enemy and goal can be clearly stated and the use of the full effort of the US is appropriate.
(But, speaking practically, I see asking for a declaration as a pointless effort at this point.)
I don't think asking the People, through Our representatives, to cast a recorded vote which cannot be retracted or equivocated over after the first bad thing happens, is pointless.
It's tied in with the EOs granting the President (illegally of course) dictatorial powers over life and property, that Congress is unwilling to challenge.
The reason they don't do it is that they have in large part ceased to represent Us, and have instead become careerist weasels.
They are terrified that, if they declare war and it goes badly, they will have lost the ability to blame President Bush.
They are a disgrace.
It always used to aggravate me when people said we should follow Johnson's war policy "because he is the Commander-in-Chief".
Right, but my personal favorite for aggravating comments was the 'he has more information than we do, so we have to do what he says' argument.
A very bad argument, for sure.
It's reasonable to listen to someone who knows more than you do-but not after they repeatedly lie to you.
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