Syria: It appears that Congress, both Republicans and Democrats, have failed the Constitution and the American people
Once again, we have a timid Congress that appears unwilling to challenge the President of the Untied States to define the limits of his authority under the United States Constitution. Namely, to provide a constitutional legal argument for taking military action, which could be construed to be an “act of war,” against a foreign sovereign nation without a direct or imminent threat to the United States.
When queried, individual members of Congress appear to take a hard line that any intervention in Syria is non-emergent and requires an act of Congress before any action is taken by the President of the United States. That is, they are big at writing letters, individually and jointly, and sending them to the President with copies to the mainstream media.
But it appears that they are requesting “consultation” which is left undefined. There is no provision in the Constitution for “consultation” if the President is contemplating a unilateral attack on a foreign sovereign nation. Unless the United States is attacked, or such an attack is imminent, the President is bound by the Constitution to seek a declaration of war from Congress. At the present time, Syria does not appeared to have declared war on the United States nor does it appear that they have taken any covert or overt action against the United States or its citizens.
The Constitution and the Law …
Constitution: Article One, Section 8 – Powers of Congress – Enumerated Powers
- To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
War Powers Resolution of 1973 (50 U.S.C. 1541-1548)
-- 50 USC § 1541 - Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
This makes it pretty clear that the President of the United States cannot violate the Constitution of the United States unilaterally and with impunity without risking impeachment for high crimes and misdemeanors within the United States, and possibly facing war crimes against humanity in an international tribunal.
Why does Congress appear to be afraid to take necessary action under the Constitution of the United States?
The short answer is because they are corrupt and cowardly. More afraid of losing their cushy positions or going against their party’s leadership to uphold their sworn duty to the Constitution. It appears that Congress, both the democrats and the republicans are unwilling to take an up or down vote because it could: one, make them accountable in a court of international jurisdiction where they have no immunity for their actions; two, indicate to the American people where they stand when it is patently clear that all of the facts as to the chemical agent used, the delivery method of the chemical agent, and who perpetrated the chemical attack are all unknown; and three, it could put them on the wrong side of history when it comes to the consequences of their actions. Possibly increasing the strength of al Qaeda-linked terrorists who have infiltrated the rebels and who might engage in ethnic cleansing and the slaughter of innocents if and when they depose the Assad regime and assume power.
By acting, the members of Congress also loses the right to complain about the consequences of any unintended consequences or misadventures should something go wrong and American or allied interests are attacked. Since all of the House of Representatives and one-third of the Senate are up for reelection during the 2014 congressional election cycle, they are scared to take any action that would convey a political advantage to their opposition and see them voted out of office.
Bottom line …
We are living in difficult times, where professional politicians put their own self-interests above their sworn duties to support and defend the Constitution of the United States against all enemies, foreign and domestic. These men are not patriots – they are pussies!
The basic oath of office …
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
This is separate from trial for high crimes and misdemeanors.
Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.
We are not the policemen of the world, nor are we moral arbiters of religious civil wars. We have a situation where both parties are Islamic, are bad actors, and have little or no regard for human life. There is absolutely no reason for the United States to intervene when the United Nations and the Arab League refuse to get involved.
And, there is absolutely no justification to attack Syria to bolster the President’s ego or boost the credibility of the United States. Especially when such credibility could be exerted in preventing Iran from going nuclear.
Personally, I believe the Syrian conflict is a win-win for humanity as Islamic Jihadists kill one another on a foreign battlefield. I also believe that the majority of Congress, especially the corrupt, progressive socialist democrats, should be tossed out of Congress for their actions in both foreign and domestic policies.
-- steve
“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words
“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw
“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS