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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: 4993
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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Begin Trace Mode for Comment # 32.
#1. To: robin, ALL (#0)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
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;
But none of that defines the FORM the declaration must take.
No specific form is required. But any Congressional act which fails to assert aht a state of war exists falls short of a declaration of war. An example of a valid declaration comes to us from 11 December 1941: "The War Resolution 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. Whereas the Government of Germany has formally declared war against the government and the people of the United States of America: Therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 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 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"
BINGO. In your OPINION. Apparently Congress and the Supreme Court don't agree with you.
Did the Supreme Court rule on the legality of the Iraq War?
*************** http://en.wikipedia.org/wiki/Legitimacy_of_the_2003_invasion_of_Iraq On October 3, 2002, Rep. Ron Paul (R-TX) submitted to the House International Relations committee a proposed declaration which read, "A state of war is declared to exist between the United States and the government of Iraq." It was rejected[12], as all such suggestions since World War II have been. The first Circuit Court of Appeals stated that "...the text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war." The Court of Appeals decision goes on to cite Massachusetts v. Laird stating "The court found that other actions by Congress, such as continued appropriations to fund the war ... provided enough indication of congressional approval" [47]. Article VI of the U.S. Constitution provides that treaties of the United States, along with federal law and the Constitution itself, are the supreme law of the land (U.S. Constitution). The UN Charter is a treaty ratified by the United States and is therefore the law of the land in the United States on equal footing with acts of legislation. The Supreme Court stated in Whitney v. Robertson, "By the constitution, a treaty is placed on the same footing . . . with an act of legislation. . . . if the two are inconsistent, the one last in date will control the other".[13][14] The authorization to Use Military Force in Iraq was passed in 2003, many years after the UN Charter.[15] **************** Now what's stopping the anti-war movement from going before the Supreme Court to get them to declare the war illegal according to the Constitution? Perhaps what the Constitution does not do? Define the form of a declaration of war?
Sean D. Murphy. "United States Practice in International Law Volume 2, 2002–2004", Cambridge University Press. Now what's stopping the anti-war movement from going before the Supreme Court to get them to declare the war illegal according to the Constitution? Perhaps what the Constitution does not do? Define the form of a declaration of war? a. You've quoted the judgement of a lower court and the opinion of lawyer. The Supreme Court did not state that the Iraq War was legal - as you suggested in your previous posts - if truth be known, the Supreme Court has not considered the legality of the Iraq War. Isn't that correct? b. It costs a lot of money to attempt to get a case heard by the Supreme Court. Anti-war groups are grass roots organizations - they don't have Israel's foreign aid budget, for example, with $ to burn. Besides this is not a case that needs a Supreme Court judgement. This is a matter of Congress needing and wanting to assert its authority in matters of war declaration. Congress should revoke the temporary power it passed to GWB in October 2002 to use force against Iraq and then it should defund the Iraq War. But because both political parties are beholden to AIPAC, the Israel Lobby group, and not to American voters, Congress refuses to assert its authority. FYI, here's what Americans want in terms of foreign policy based on the latest latest prestigious poll conducted by Public Agenda and Foreign Affairs. What Americans want is totally opposite to what GWB and Congress are doing. It must please you that the Israel lobby is calling the shots with our elected representatives regarding foreign policy in the ME because your beliefs are the same as AIPAC - by golly - quelle coincidence.
I never suggested any such thing. I said that the Supreme Court hasn't declared it illegal. And they haven't. You folks claim more than half the country is adamantly against the war and you can't come up with a few million $$$ to take a case before the Supremes? Don't insult our intelligence. ROTFLOL! I agree. But they haven't, have they. Hence, you can't say the war is illegal. Oh that's right. 4umers believe it is *all about Israel and Jews*. ROTFLOL! Then they should put their money where their mouth is and go to the Supremes.
#33. To: BeAChooser, All (#32)
(Edited)
BAC: Oh that's right. 4umers believe it is *all about Israel and Jews*. ROTFLOL! It's what has been concluded by researchers who are far smarter and better qualified in research and scholarship than you or I are. Drs. Mearsheimer and Walt from U of Chicago and Harvard studied the influence of the Israel Lobby on US foreign policy and based on their research there would not have been an Iraq War were it not for the considerable influence brought to bear on Congress and the White House to invade Iraq by the Israel Lobby. You might want to read their study, BAC. Then you wouldn't have to look like such an ill-informed cheap shot artist who makes ignorant remarks like "Oh that's right. 4umers believe it is *all about Israel and Jews*. ROTFLOL!" Furthermore, BAC, so you don't go around presenting yourself as a red neck bigot ( though my advice is probably too late in that regard), you should not lump together Jews with IsraelFirster lobby groups or with Israelis themselves. http://papers.ssrn.com/sol3/papers.cfm? abstract_id=891198 "The Israel Lobby and U.S. Foreign Policy" March 2006
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#2. To: BeAChooser (#1)
Can anyone point out to me the form that the Constitution says a declaration of war must have?
#3. To: scrapper2, ALL (#2)
#8. To: BeAChooser (#3)
the FORM the declaration must take.
#9. To: leveller, ALL (#8)
No specific form is required.
But any Congressional act which fails to assert aht a state of war exists falls short of a declaration of war.
#13. To: BeAChooser (#9)
Apparently Congress and the Supreme Court don't agree with you.
#17. To: scrapper2, ALL (#13)
Did the Supreme Court rule on the legality of the Iraq War?
#30. To: BeAChooser (#17)
first Circuit Court of Appeals
#32. To: scrapper2, ALL (#30)
The Supreme Court did not state that the Iraq War was legal - as you suggested in your previous posts
b. It costs a lot of money to attempt to get a case heard by the Supreme Court. Anti-war groups are grass roots organizations - they don't have Israel's foreign aid budget, for example, with $ to burn.
This is a matter of Congress needing and wanting to assert its authority in matters of war declaration. Congress should revoke the temporary power it passed to GWB in October 2002 to use force against Iraq and then it should defund the Iraq War.
But because both political parties are beholden to AIPAC, the Israel Lobby group, and not to American voters, Congress refuses to assert its authority.
FYI, here's what Americans want in terms of foreign policy based on the latest latest prestigious poll conducted by Public Agenda and Foreign Affairs. What Americans want is totally opposite to what GWB and Congress are doing.
Replies to Comment # 32. scrapper2: But because both political parties are beholden to AIPAC, the Israel Lobby group, and not to American voters, Congress refuses to assert its authority.
#41. To: BeAChooser (#32)
End Trace Mode for Comment # 32.