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#1 User is online   pepperonikkid 

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  Posted 11 January 2020 - 05:04 PM

Congress Can't Make War

By Raoul Lowery Contreras
January 11, 2020


House Speaker Nancy Pelosi misinterprets congressional responsibilities about war and peace. In challenging President Donald Trump's bold order to kill the world's number one terrorist, Iran's Qassem Soleimani, Speaker Pelosi misfires on Congress' foreign policy and military responsibilities.

Congress is mandated in Article 1, Section 8 of the Constitution "To declare war...make rules concerning captures on land and water." It is authorized "to raise and support armiesÖ" It also is authorized "to provide and maintain a Navy" and "to make rules for the government and regulation of the land and naval forces; it can "provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions." Lastly, Article 1, Section 8 authorizes Congress "to provide for organizing, arming and disciplining the militia (National Guard) and for governing such part of them as may be employed in the service of the United StatesÖ"

That's a lot. Yes, Congress has deep and exclusive mandates on military organization, funding and some management of U.S. military forces. What it does not have is the ability to use military forces. Only the President can use them; he does so as Commander in Chief. He (or she) does not generally need Congressional permission to use the military. In fact, Congress has prohibited some uses; e.g. laws that prohibit the use of the federal military to enforce civilian laws. It also prohibited sending draftees outside the Western Hemisphere in 1940.

Article II of the Constitution, Section 2 clearly states "The President shall be the Commander in Chief of the Army and the Navy of the United States, and of the militia of the several states, when called into the actual service of the United StatesÖ" Section 3 of Article II gives the President the authority to "commission all the (military) officers of the United States."

The Senate has the authority to "advise and consent" to some appointments such as admirals and generals in Article II, Section 2; the President "shall have the power, by and with the consent of the SenateÖ(to) appoint...all other officers of the United States."

As outlined here, nowhere in the Constitution is permission, or mandate that states Congress can make war, or order a Seal Team into a foreign country to rescue hostages, assassinate terrorists, kidnap individuals or destroy military targets. The Congress can buy and fuel killing machines like drones and pay people to control them in installations Congress pays for, but it can't order the drone operator to kill anyone. Nor are there any words that allow Congress to appoint officers of the American military. Only the President can, albeit some appointments must be approved by the U.S. Senate.

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#2 User is offline   Severian 

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Posted 11 January 2020 - 05:12 PM

If Congress were actually in charge of making war we'd any day now see the release of a sternly worded letter regarding the Japanese sneak attack on Pearl Harbor.

#3 User is online   zurg 

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Posted 11 January 2020 - 09:33 PM

Excellent treatise. To be completely ignored by the left/media/rabid socialists.

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