Article I, Section 8, Clause 11 of the Constitution grants Congress the power to “declare war.”
.. In practice, however, it seems as if the rule is observed mainly in the breach. In the post–World War II era, American forces have been committed time and again even in offensive military actions without even the slightest effort to obtain congressional authorization.
.. The latest example occurred on April 6, 2017, when President Trump ordered a cruise missile strike on Syria in retaliation for its use of chemical weapons
.. Unless there is classified information we don’t yet know, a strike of this nature is exactly the kind of military action that should require congressional approval.
.. We were not at war with Syria. We were not acting in immediate self-defense of our nation. We were not fulfilling a Senate-ratified treaty obligation.
.. Shrugging off the Constitution is a bipartisan practice.
- Who can forget President Obama’s strikes against Libya? He ordered offensive military action against a sovereign nation without a declaration of war.
- While George W. Bush obtained congressional authorization for the wars in Iraq and Afghanistan, his predecessor,
- Bill Clinton, launched extended aerial campaigns in the former Yugoslavia with no congressional vote.
years of presidential overreach, congressional inaction, and partisan bickering have jeopardized our constitutional structure. We are steadily moving away from the separation of powers and toward an unconstitutional legal regime that places sole war-making authority in the hands of an increasingly imperial presidency.
.. There are widespread reports that the president is considering launching a “bloody nose” strike against North Korea — a strike designed to send the strongest possible message, short of all-out war — that its ICBM program has to end.
.. The discussions are apparently so serious that the administration pulled its nominee for ambassador to South Korea, Victor Cha, because he opposed the strike. He then immediately took to the pages of the Washington Post to express his opposition
.. We are not facing the necessity of immediate self-defense. Oh, and in both countries, military action carries with it risks of dangerous escalation. With Russian boots on the ground in Syria, miscalculation risks a great-power conflict. With immense North Korean forces clustered near the border of South Korea, miscalculation risks a truly terrible war.
.. New military action in Syria and new military action in North Korea represent textbook cases for congressional authorization.
.. So why did the administration feel that it had the legal authority to order its Syria strike?
Well, it turns out there’s a memo.
.. Prior to the Syria strike, the administration generated a classified document by an “interagency group of attorneys” that analyzed the “legal basis for potential military action.”
.. We cannot sustain and protect our constitutional structure if we delegate arguments against the unconstitutional abuse of presidential authority exclusively to members of whichever party is out of power.
.. it’s time for Senator Corker to insist on a public debate and congressional authorization before we launch any new military action against North Korea.
.. While the facts supporting the argument may well be legitimately classified, the legal analysis itself — which will turn on questions of constitutional, statutory, and international law — should be a matter of open inquiry.
Thomas Friedman: Everyone Is Going All the Way
It is hard to spend a week in Israel and not come away feeling that Israelis have the wind at their backs.
- They’ve built an awesome high-tech industry
- Regionally, the Arabs and Palestinians have never been weaker
- Israel has never had a more unquestioningly friendly United States.
- Trump recognized Jerusalem as Israel’s capital, asking Israel for nothing in return. The Arab states barely made a peep.
this wind has whetted the appetite of Israel’s settlers and ruling Likud Party to go to extremes
.. the “Likud Party unanimously urged legislators in a nonbinding resolution … to effectively annex Israeli settlements in the occupied West Bank, land that Palestinians want for a future state.”
.. Sure, the world would scream “apartheid,” but Israeli rightists shrug that the world will get used to it.
- Nikki Haley will cover for Israel at the U.N.
- Sheldon Adelson will keep Trump and the G.O.P. in line.
- And the Arab regimes, which need Israel to counter Iran, will look the other away.
They think they can annex the West Bank without giving Palestinians citizenship; they’ll just let the Palestinians vote in their own elections.
.. May 17, 1983 .. Israel (backed by the U.S.) imposed virtually all its security demands on a weak Lebanese government, including a framework for normalizing trade and diplomacy.
.. “Going All The Way: Christian Warlords, Israeli Adventurers and the War in Lebanon.”
I always loved that title — going all the way. It’s a recurring theme out here, and it almost always ends with a “Thelma and Louise” moment — partners driving over a cliff — and so it did with Israel in 1983.
.. everywhere I look today I see people going all the way.
- I see Republicans trashing two of our most sacred institutions — the F.B.I. and the Justice Department — because these agencies won’t bend to Trump’s will.
- I see Iran controlling four Arab capitals: Damascus, Sana, Baghdad and Beirut.
- I see Hamas still more interested in building tunnels in Gaza to kill Israelis than schools to strengthen Palestinian society.
- I see the crown prince of Saudi Arabia with one hand undertaking hugely important steps —
- moderating Saudi Islam,
- letting women drive and
- opening Saudi society culturally to the world
- and, with the other hand,
- abducting the prime minister of Lebanon,
- buying ridiculously expensive paintings and
- seizing businesses in the name of combating corruption
- I see the Taliban killing 103 people in Kabul by packing an ambulancewith explosives and driving it into a crowd.
I see Houthis, Yemeni warlords, Iranians, Saudis and the U.A.E. all tearing Yemen apart in the name of God knows what.
I see Turkey’s president silencing every critical journalist in his country.
I see the Egyptian and Russian presidents eliminating all serious rivals in their upcoming elections.
I see Bibi Netanyahu trying to derail a corruption investigation by weakening Israel’s justice system, free media and civil society — just like Trump and for the same purposes: to weaken constraints on his arbitrary use of political power.
I see an American president threatening to tear up, or actually tearing up, global agreements he doesn’t like —
the Iran nuclear deal,
Nafta,
the Trans-Pacific Partnership,
the Paris climate accord and
aid to Palestinians and Pakistanis —
but without any clear plan or alternative for the morning after that will improve on the status quo.
Worst of all, I see an America — the world’s strongest guardian of truth, science and democratic norms — now led by a serial liar and norms destroyer, giving license to everyone else to ask, why can’t I?
Can anything stop this epidemic of going all the way? Yes: Mother Nature, human nature and markets. They’ll all push back when no one else will.
.. How so?
Gaza has limited hours of electricity each day.
Result: Gaza’s already inadequate sewage plants are often offline, and waste goes untreated straight into the Mediterranean.
Then the prevailing current washes Gaza’s poop north, where it clogs Israel’s big desalination plant in Ashkelon — which provides 15 percent of Israel’s drinking water
.. In both 2016 and 2017, the Ashkelon plant had to close to clean Gaza’s crud out of its filters. It’s Mother Nature’s way of reminding both that if they try to go all the way, if they shun a healthy interdependence, she’ll poison them both.
.. then out of nowhere Iranians back home start protesting against Suleimani’s overreach; they’re tired of seeing their money spent on Gaza and Syria — not on Iranians. And, just as suddenly, the biggest internet meme in Iran becomes an Iranian woman ripping off her veil and holding it upon the end of a stick.
.. And if you don’t think markets have a way of curing excesses, you didn’t read the top story in The Times.
.. Watch out for
- the market,
- Mother Nature and
- human nature.
.. One is the relentless product of chemistry, biology and physics; one is the balance between greed and fear; and the third is the eternal human quest for freedom and dignity. In the end, they’ll shape the future more than any leader or party who tries going all the way.