Sen. Lindsey Graham recently objected to President Barack Obama seeking congressional authorization to attack Syria (that’s right, in contradiction to every assumption James Madison may have made about Congress, Graham is one of those who wants to embrace an Imperial Presidency and gut the check on power represented by his own branch). Graham has been making it clear that he is not happy about the failure to join another war in the Middle East. So what does a hawk do when a war just doesn’t turn out as hoped? Graham is seeking authorization for a new war . . . not against Syria but Iran. After all, we have not defunded enough environmental, scientific, educational or welfare programs. Another war against one of the largest military powers in Middle East would guarantee a decade of military appropriations and interventions.
Graham is likely to be supported by an Israeli lobby which wants the United States to neutralize the threat posed by Iran as well as those military contractors who are apoplectic at the thought of peace breaking out. In other words, he might succeed despite polls showing overwhelming opposition to additional wars within the public.
Graham for his part is using the failure to go to war in Syria as something we just need to avoid next time: “Look how we’ve handled the chemical weapons threat in Syria,. If we duplicate that with the Iranians, they’re going to march toward a nuclear weapon and dare Israel to attack them. . . . The mixed message and the debacle called Syria can’t be repeated when it comes to Iran,” Graham continued. “So here’s what I’m going to do. I’m going to get a bipartisan coalition together.” For his part, Obama went public with a warning to Iran and the willingness to go with a diplomatic solution will not apply to their country.
The resolution is of course a repeat of the blank check given by Democrats and Republicans to Bush to start the Iraq War. That worked out so well for everyone that members like Graham are falling over each other to lay the groundwork for a war that will make Iraq look like a small police action.
MR. GRAHAM HAS NEVER READ THE WAR POWERS RESOLUTION, THE ACT EXCLUDES THE MILITARY
WAR POWERS RESOLUTION
50 U.S.C. § 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
(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
1.THE ARMED FORCES, FORMELY THE ARMED SERVICES IS NOT THE MILITARY
2.THERE IS NO ARMED FORCES COMMITTEE IN CONGRESS, in clear violation of section (b) of the War Powers Resolution listed above.
3.THE ONLY COMMITTEE, IS THE ARMED SERVICES, LIMITED TO CONSTRUCTION OF MILITARY BASES, SEE TITLE 10 USC section 2808
Link. http://www.gpo.gov/fdsys/pkg/USCODE-2010-title10/html/USCODE-2010-title10-subtitleA-partIV-chap169-subchapI-sec2808.htm
CREATION OF THE ARMED SEVICES, AUGUST 31, 1842, NAMED CHANGED TO ARMED FORCES BY, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces”
The act of August 31, 1842 (5 Stat. 579; 5 U. S. C. 429), abolished the Board of Navy Commissioners and established the Bureau of Navy Yards and Docks, Bureau of Construction, Equipment, and Repair, Bureau of Provisions and Clothing, Bureau of Ordnance and Hydrography, and Bureau of Medicine and Surgery. The act of July 5, 1862 (12 Stat. 510; 5 U. S. C. 429), established the following organizations: Bureau of Yards and Docks, Bureau of Equipment and Recruiting (later changed to Bureau of Equipment and still later abolished), Bureau of Navigation (now Bureau of Naval Personnel), Bureau of Ordnance. Bureau of Construction and Repair.
COMMODITY CREDIT CORPORATION *CHARTER 15 U.S.C.
Change of Name
National Military Establishment changed to Department of Defense by act Aug. 10, 1949.
Codification
The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3011 to 3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.
4.PRESIDENT BUSH NEVER ORDERED THE MILITARY TO IRAQ OR AFGANISTAN, WITHOUT A FORMAL DECLARATION OF WAR BY CONGRESS; THE PRESIDENT IS NOT COMMANDER IN CHIEF OF THE MILITARY. YOUNGSTOWN SHEET & TUBE CO. ET AL.v.SAWYER. 343 U.S. 579 (1952)
PRESIDENT BUSH’S E.O. 13235, MILITARY EXCLUDED
DESPITE THE NAME CHANGE,A DISTICTION WITHOUT A DIFFERENCE,THE ARMED FORCES IS STILL LIMITED TO MILITARY CONSRUCTION.
National Emergency Construction Authority Executive Order 13235, 66 F.R. 58343, 10 U.S.C. 2808 note
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I declared a national emergency that requires the use of the Armed Forces of the United States, by Proclamation 7463 of September 14, 2001, because of the terrorist attacks on the World Trade Center and the Pentagon, and because of the continuing and immediate threat to the *national security of the United States of further terrorist attacks. To provide additional authority to the Department of Defense to respond to that threat, and in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby order that the emergency construction authority at 10 U.S.C. 2808 is invoked and made available in accordance with its terms to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments
CONSTRUCTION AUTHORITY OF SECRETARY OF DEFENSE UNDER DECLARATION OF
WAR OR NATIONAL EMERGENCY
Pub. L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382, which authorized the Secretary of Defense, in the event of a declaration of war or the declaration of a national emergency by the President, to undertake military construction without regard to any other provisions of law, was repealed and restated as section 2808 of this title by Pub. L. 97-214, Secs. 2(a), 7(18), July 12, 1982, 96 Stat. 157, 174, effective Oct. 1, 1982
Greedy Ole Party……
Darren,
You must be Rip Van Winkle’s cousin.
It seems like several of the pols are wanting to create a hair trigger so that war can be prosecuted instantly.
Well at least Graham is not in a mad rush to war.
I am trying to figure out is it is progress when leaders advocate a thoughtful, considered approach before they get on with the business of war.
Picking up from where I left off:
[music] to the tune of Barara Ann
Oh, Lindsey Graaaahaaam!
We take our staaaaind!
Rockin and a rollin, rockin and a reelin ..
Lindsey Graham!
Oh, Graham Kraker!
You are a shacker!
rockin and a rollin, rockin and a reelin
Lindsey Graham.
[music] To the tune of Barbarann
Oh, Bomb Iraaaan!
I’ll take my Staaaand!
Rockin and a rollin, rockin and a reelin Bomb Iran!
La Huckleberry should stay in the closet. He can’t do any harm in there.
L.K. thanks for the link. I agree, we know about 001% of what is really happening.
I still don’t understand why Americans aren’t screaming as a whole group. Conservatives say we don’t have any money. Well a war costs a lot of money. Why aren’t they up in arms. Way too many liberals are fully on board with more war.
This is a coordinated attack not only on the people of Iran (thanks Allison for making clear just how far they want to take this), and the people of the US. We have starving people in the US, people who are homeless, no city services, no or inadequate health care, infrastructure which is falling apart, we have made the environment a shitpile. What is wrong with these people? They suddenly find money to throw at a war, yet they want to shut down the government for any actual, useful purpose. It seems to be a worldwide plot by truly evil people (austerity is the name of that game). It’s not Republicans v. Democrats. It’s all of them including Socialists in other countries which allow such parties to participate in their politics.
We must peacefully remove such people from power before they destroy everything about life that is good, or actually, destroy life on this planet.
Decline of U.S. Reputation – Why?