See other War, War, War Articles
Title: Violating the Constitution With an Illegal War
Source:
http://www.lewrockwell.com
URL Source: http://www.lewrockwell.com/paul/paul57.html
Published: Oct 3, 2002
Author: Rep. Ron Paul, MD
Post Date: 2007-04-03 20:34:01 by robin
Keywords: None
Views: 2468
Comments: 267
Ron Paul in the US House of Representatives, October 3, 2002 The last time Congress declared war was on December 11, 1941, against Germany in response to its formal declaration of war against the United States. This was accomplished with wording that took less than one-third of a page, without any nitpicking arguments over precise language, yet it was a clear declaration of who the enemy was and what had to be done. And in three-and-a-half years, this was accomplished. A similar resolve came from the declaration of war against Japan three days earlier. Likewise, a clear-cut victory was achieved against Japan. Many Americans have been forced into war since that time on numerous occasions, with no congressional declaration of war and with essentially no victories. Today’s world political condition is as chaotic as ever. We’re still in Korea and we’re still fighting the Persian Gulf War that started in 1990. The process by which we’ve entered wars over the past 57 years, and the inconclusive results of each war since that time, are obviously related to Congress’ abdication of its responsibility regarding war, given to it by Article I Section 8 of the Constitution. Congress has either ignored its responsibility entirely over these years, or transferred the war power to the executive branch by a near majority vote of its Members, without consideration of it by the states as an amendment required by the Constitution. Congress is about to circumvent the Constitution and avoid the tough decision of whether war should be declared by transferring this monumental decision-making power regarding war to the President. Once again, the process is being abused. Odds are, since a clear-cut decision and commitment by the people through their representatives are not being made, the results will be as murky as before. We will be required to follow the confusing dictates of the UN, since that is where the ultimate authority to invade Iraq is coming from – rather than from the American people and the U.S. Constitution. Controversial language is being hotly debated in an effort to satisfy political constituencies and for Congress to avoid responsibility of whether to go to war. So far the proposed resolution never mentions war, only empowering the President to use force at his will to bring about peace. Rather strange language indeed! A declaration of war limits the presidential powers, narrows the focus, and implies a precise end point to the conflict. A declaration of war makes Congress assume the responsibilities directed by the Constitution for this very important decision, rather than assume that if the major decision is left to the President and a poor result occurs, it will be his fault, not that of Congress. Hiding behind the transfer of the war power to the executive through the War Powers Resolution of 1973 will hardly suffice. However, the modern way we go to war is even more complex and deceptive. We must also write language that satisfies the UN and all our allies. Congress gladly transfers the legislative prerogatives to declare war to the President, and the legislative and the executive branch both acquiesce in transferring our sovereign rights to the UN, an un-elected international government. No wonder the language of the resolution grows in length and incorporates justification for starting this war by citing UN Resolutions. In order to get more of what we want from the United Nations, we rejoined UNESCO, which Ronald Reagan had bravely gotten us out of, and promised millions of dollars of U.S. taxpayer support to run this international agency started by Sir Julian Huxley. In addition, we read of promises by our administration that once we control Iraqi oil, it will be available for allies like France and Russia, who have been reluctant to join our efforts. What a difference from the days when a declaration of war was clean and precise and accomplished by a responsible Congress and an informed people! A great irony of all this is that the United Nations Charter doesn’t permit declaring war, especially against a nation that has been in a state of peace for 12 years. The UN can only declare peace. Remember, it wasn’t a war in Korea; it was only a police action to bring about peace. But at least in Korea and Vietnam there was fighting going on, so it was a bit easier to stretch the language than it is today regarding Iraq. Since Iraq doesn’t even have an Air Force or a Navy, is incapable of waging a war, and remains defenseless against the overwhelming powers of the United States and the British, it’s difficult to claim that we’re going into Iraq to restore peace. History will eventually show that if we launch this attack the real victims will be the innocent Iraqi civilians who despise Saddam Hussein and are terrified of the coming bombs that will destroy their cities. The greatest beneficiaries of the attack may well be Osama bin Ladin and the al Qaeda. Some in the media have already suggested that the al Qaeda may be encouraging the whole event. Unintended consequences will occur – what will come from this attack is still entirely unknown. It’s a well-known fact that the al Qaeda are not allies of Saddam Hussein and despise the secularization and partial westernization of Iraqi culture. They would welcome the chaos that’s about to come. This will give them a chance to influence post-Saddam Hussein Iraq. The attack, many believe, will confirm to the Arab world that indeed the Christian West has once again attacked the Muslim East, providing radical fundamentalists a tremendous boost for recruitment. An up or down vote on declaring war against Iraq would not pass the Congress, and the President has no intention of asking for it. This is unfortunate, because if the process were carried out in a constitutional fashion, the American people and the U.S. Congress would vote "No" on assuming responsibility for this war. Not only is it sad that we have gone so far astray from our Constitution, but it’s also dangerous for world peace and threatens our liberties here at home. Dr. Ron Paul is a Republican member of Congress from Texas. 
Transferring authority to wage war, calling it permission to use force to fight for peace in order to satisfy the UN Charter, which replaces the Article I, Section 8 war power provision, is about as close to 1984 "newspeak" that we will ever get in the real world.
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#1. To: robin, ALL (#0)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
#2. To: BeAChooser (#1)
http://supreme. lp.findlaw.com/documents/constitution.html War Powers While the President is the Commander in Chief, Congress holds the power to declare war, to raise and support armies, to provide and maintain a navy, and to make rules for the government and regulation of the land and naval forces. Read more in Article I, Section 8 and Article II, Section 2. http: //supreme.lp.findlaw.com/constitution/article01/index.html#1.8 U.S. Constitution: Article I Section 8. The Congress...To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. http: //supreme.lp.findlaw.com/constitution/article02/index.html#2.2 U.S. Constitution: Article II Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;
See the UN Charter, which is defined as an extension of the U.S. Constitution - asshole! Thereafter, go to the Geneva Conventions and the Nuremberg Precedents. Next, note the Afghan and Iraq invasions as no-shit War Crimes! Say, BAC, did you have a question?
can you offer convincing proof that you are not a TREASONOUS QUEER? You sound like some kind of anti-American nut. All REAL AMERICANS learned that the constitution requires a declaration of war while they were in school. Except for TREASONOUS QUEERS. answer me this. when you have a date with Jeff Gannon - are you the boy or are you the girl. and how much do you pay.
Sure. It is in the penumbra. It should be a resolution written in language that is so clear that a 20 minute rant by a Fox News talking head isn't required to tell us the plain meaning expressed in the four corners of the document. Look at the bullshit Fox had to go through to paint 114 as a declaration of war. Hours and hours of spin to convince us that the bill didn't say what it appeared to say and did say what it didn't say. Look how you had to squirm and quote out of context on the other thread to put lipstick on this pig -- it was silly performance and you know it. Now compare 114 to simple and straight forward declarations of war in WWII.
The Constitution gives the power to declare war to the Congress. They formally declare something like, "the state of war between the United States and ... is hereby formally declared." It is not a difficult concept once you get the hang of it. For Japan, the precise language was, "the state of war between the United states and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared...." For Germany, the precise language was, "the state of war between the United States and the Government of Germany, which has thus been thrust upon the United states, is hereby formally declared...." For Italy, the precise language was, "the state of war between the United States and the Government of Italy which has thus been thrust upon the United States is hereby formally declared...." Below is how the declaration of war against Germany went through each house of congress. http://www.ibiblio.org/pha/77-1-148/77-1-148.html [IN THE SENATE] DECLARATION OF STATE OF WAR WITH GERMANY Mr. Connally, from the Committee on Foreign Relations, reported an original joint resolution (S. J. Res. 119) declaring that a state of war exists between the Government of Germany and the Government and the people of the United States, and making provision to prosecute the same, which was read the first time by its title, and the second time at length, as follows: "Resolved, etc., That the state of war between the United States and the Government of Germany, which has thus been thrust upon the United states, is hereby formally declared; 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 Government of Germany; 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." I am authorized by the Committee on Foreign Relations to say to the Senate that after consideration of the text of the joint resolution which I have reported and after mature consideration of all aspects of this matter, the membership of the Committee on Foreign Relations unanimously approve and agree to the course suggested. One member of the committee was absent, but I have authority to express his views. Mr. President, I ask unanimous consent for the present consideration of the joint resolution. The VICE PRESIDENT. Is there objection? There being no objection, the Senate proceeded to consider the joint resolution (S. J. Res. 119) declaring that a state of war exists between the Government of Germany and the Government and the people of the United States, and making provision to prosecute the same. The VICE PRESIDENT. The question is on the engrossment and third reading of the joint resolution. The joint resolution was ordered to be engrossed for a third reading, and was read the third time. The VICE PRESIDENT. The joint resolution having been read the third time, the question is, Shall it pass? Mr. CONNALLY. On that question I ask for the yeas and nays. The yeas and nays were ordered, and the Chief Clerk proceeded to call the roll. The result was announced yeas 88, nays 0. * * * * * * So the joint resolution (S. J. Res. 119) was passed. =========================== [IN THE HOUSE] DECLARATION OF WAR AGAINST GERMANY Mr. MCCORMACK. Mr. Speaker, I move to suspend the rules and pass House Joint Resolution 256, which I send to the desk and ask to have read. The Clerk read as follows. "Resolved, etc., That the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared; 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 Government of Germany; 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." Mr. MCCORMACK. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. * * * * * * The question was taken; and there were yeas 393, answered "present" 1, not voting 36. So (two-thirds having voted in favor thereof) the rules were suspended, and the resolution was agreed to. ==========================
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Replies to Comment # 1. Can anyone point out to me the form that the Constitution says a declaration of war must have?
#5. To: beachooser, Minerva, Christine, Brian S, Honway, Robin, Aristeides, Red Jones, Diana, Kamala, All (#1)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
#6. To: BeAChooser, Diana, SkyDrifter (#1)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
#7. To: BeAChooser (#1)
(Edited)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
#34. To: BeAChooser, robin (#1)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
"Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it
Mr. CONNALLY. Mr. President, I shall presently ask unanimous consent for the immediate consideration of the joint resolution just read to the Senate. Before the request is submitted, however, I desire to say that, being advised of the declaration of war upon the United States by the Governments of Germany and Italy, and anticipating a message by the President of the United States in relation thereto, and after a conference with the Secretary of State, as chairman of the Committee on Foreign Relations, I called a meeting of the committee this morning and submitted to the committee the course I expected to pursue as chairman and the request which I expected to make. "Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it
The SPEAKER. The question is, Will the House suspend the rules and pass the joint resolution?
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