War.

SUMMARY:

The powers granted to government to conduct war or engage in military action are very limited and narrow.  The United States has abused this power, resulting in a history of perpetual conflict and the loss of millions of people’s lives.  Such actions, when necessary, must be swift and forceful.  But, military actions should never be used as a substitute for reasonable compromise.  When duty dictates for self preservation, then defense of country is paramount.  Otherwise, such actions are inappropriate.

*****

The powers of the President of the United States are enumerated in the federal Constitution at Article II, Section 2, and the principal duties of the President are enumerated at Article II, Section 3.  Nowhere within these delegated powers or duties is there any provision for the President:

to declare war or to call the military into action without the consent of Congress;

to issue Executive Orders that, effectively, contravene the laws enacted by Congress;

to enter into Executive Agreements with foreign countries without oversight by Congress;

to enter into Treaties that conflict with the intent or purposes of the federal Constitution;

to declare National Emergencies and thereby assume War Powers;

to commit the U.S. military to international policing actions;

to occupy foreign soil or execute the overthrow of foreign governments;

to suppress the powers of the States;

to suspend or neglect any duty delegated to the United States by the Constitution.

The people, generally, deem any action by military force as an act of war.  Yet, the United States routinely utilizes our military forces, not by Congressional declaration of war, but more often as “military engagements” that may be approved by Congress or by the United Nations Security Council.  The real question to consider is whether or not these violent actions by the United States are authorized by the Constitution.

The men and women of our military genuinely believe their service is for the protection of our freedoms in America.  They serve with honor, and we are grateful to their efforts.  They have all sworn an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.  But, does this imply that military personnel must follow orders that conflict with their oath?

The United States has been engaged in nearly a perpetual state of military engagement, or war, since 1775.  For a people founded on such principles of individual liberty, justice and peace, we certainly seem to have our share of conflicts for foreign nations.  Is it possible that peace can prevail over war?  There are some countries, such as Sweden and Switzerland, who haven’t had a war in over 150 years.  How is it that these countries preserve peace?

These ideas are not meant to detract from the responsibility of the President to take swift and immediate measures, by necessity, to defend the people and our Constitution.  But, such measures should be few, based upon extraordinary circumstances, that require such action.  The United States should not be using its military forces to police other nations, to protect private corporate interests, to aid in foreign conflicts, or to oppress any foreign government.  The intentions of the founders when constructing the Constitution was to perpetuate peace among all nations, to defend our interests at home, and to make no alliances with foreign nations.  Congress, having the constitutional power to declare war, cannot properly delegate that responsibility to the President or any other authority.

In the sad event that the American people must go to war to protect our fundamental way of life and society, then military action should be swift, targeted, and executed with sufficient force to ensure absolute and immediate victory, with minimal collateral damage.  And, Congress should specifically define the objectives and acceptable terms to end the war at the time of its declaration.

The States have a duty to support all constitutionally-declared wars.  And, the people of the State militias have a duty to serve when called by the federal government into service.  However, the States have no duty to serve in any military action not supported by the Constitution.  And, there is no provision authorizing government to recruit, maintain, or utilize a private military force, such as those considered to be soldiers of fortune.  Nor is their any authority for the federal government to utilize clandestine agencies to infiltrate foreign areas to stir up trouble.

War is among the most egregious activities any people can participate in.  And we, a people dedicated to the ideals of freedom and justice, cannot justify such activities except for our own preservation.  War, and military engagement, must always be the last resort in the settlement of legitimate conflicts, and not the alternative to reasonable compromise.