MEDIA ADVISORY: THE EXCLUSIVE CONGRESSIONAL WAR POWER, IRAN; AND IMPEACHMENT
The Constitution’s exclusive entrustment of the war power in Article 1,
section 8, clause 11 (Declare War Clause) governs the legality of
President Donald Trump’s belligerence towards Iran as a de facto ally of
Israel, i.e., providing intelligence, weapons,
and U.S. personnel to man anti-missile systems in Israel. The Declare
War Clause operates independently of the anemic War Powers Resolution of
1973 whose constitutionality has never been accepted by any President.
The Declare War Clause was universally acclaimed by the Constitution’s
authors. None trusted the President with war-making authority. James
Madison, father of the Constitution, who also served two terms as
President, elaborated:
“In no part of the constitution is more wisdom to be found than in the
clause which confides the question of war or peace to the legislature,
and not to the executive department. War is in fact the true nurse of
executive aggrandizement. In war a physical
force is to be created, and it is the executive will which is to direct
it. In war the public treasures are to be unlocked, and it is the
executive hand which is to dispense them. In war the honors and
emoluments of office are to be multiplied; and it is the
executive patronage under which they are to be enjoyed. It is in war,
finally, that laurels are to be gathered, and it is the executive brow
they are to encircle. The strongest passions, and most dangerous
weaknesses of the human breast; ambition, avarice,
vanity, the honorable or venial love of fame, are all in conspiracy
against the desire and duty of peace.”
In 2007, then presidential aspirant Joe Biden shouted on Chris Matthews’ Hard Ball that he would lead a campaign to impeach President George W. Bush if he attacked Iran without a congressional
declaration of war.
Delegate George Mason at the constitutional convention explained that
any attempt to subvert the Constitution would be an impeachable
offense.
President Trump’s has usurped the war power of Congress in making the
United States a belligerent against Iran by systematic provision of
intelligence, weapons, advisors, and military personnel in support of
Israel’s criminal war of aggression. Mr. Trump tacitly
acknowledged American belligerency in boasting, “we now have complete
and total control of the skies over Iran” and bugling for Iran’s
“unconditional surrender.”
Why is no one in Congress introducing an article of impeachment against
Mr. Trump for usurping the congressional war power? Isn’t this
political poltroonery on an industrial scale? Aren’t the Members
violating their oaths of office to preserve, protect, and
defend the Constitution of the United States?
Presidential usurpation of the Declare War Clause sits at the summit of
impeachable offenses. War legalizes what is first degree murder in
peacetime. War has the President play prosecutor, judge, jury, and
executioner to kill any person on the planet without
accountability to Congress, the courts, or the American people. In
times of war, the law falls silent. Mr. Trump has unconstitutionally
threatened the assassination of Ayatollah Ali Khamenei without a
declaration of war.
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