20051101

War and the US Constitution

Article I, Section 8

The Congress shall have power ... To declare War, grant letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

It is not within the enumerated powers of the President to declare War, nor is it within his power to alter the rules concerning captives. Perhaps the strict Constitutionalists should strike down the War Powers Act, and return the full power to make war to Congress. The People and Congress should keep the Constitution in mind if they think the current administration is contemplating the invasion of Syria or Iran.

We have done this little jaunt into Afghanistan and Iraq under the continuing resolution clause of the War Powers Act, and not in true keeping with the Constitution.

I think most people would agree, that if George W. Bush had stood before Congress and asked for a declaration of War against Afghanistan, that he would have gotten it.

The debate regarding a Declaration of War against Iraq, would have probably been more intense and would not have had a guaranteed outcome.

Am I arguing that Iraq is wrong? No, I am arguing that wars conducted without the full weight of a Declaration of War weaken both our commitment to the law of the land and our standing in the community of nations.

When a person serves in the Armed Forces of the United States of America, having faith in the fight may make the difference between victory and defeat. We owe it to ourselves and to the members of the Armed forces, to insure that our full commitment, in the form of a Declaration, is the product of an open debate.

War should not be conducted by a nation in doubt.

The debate and the exercise of the power of "We The People" is why we should always take the Constitutional path to war as defined in Article I, section 8.

No comments: