Fake Congressional Opposition to War
by Stephen Lendman

… Article One, Section 8, Clause 11 of the Constitution gives Congress alone power to declare war so presidents never have sole authority to do it. It’s how the Founders wanted it as James Madison wrote in 1793 that the “fundamental doctrine of the Constitution….to declare war is fully and exclusively vested in the legislature.” And George Mason stated during the constitutional convention the president “is not safely to be trusted with” the power to declare war. Sadly it hasn’t worked out that way. The president and Congress only observed the supreme law of the land five times in the nation’s history, the last being in December, 1941 following Japan’s attack on Pearl Harbor.

Following WW II, Harry Truman criminally broke the law setting a post-war precedent his successors followed, and no Congress intervened to stop them.

… under Johnson and Nixon, Congress reasserted its power of the purse incrementally. It was mostly political posturing in the 1960s, but by June 30, 1970 the Church-Cooper amendment (attached to a supplemental aid bill) passed stipulating no further spending for soldiers, combat assistance, advisors, or bombing operations in Cambodia. It was the first congressional budgetary act limiting funding for the war. Nixon ignored it but others followed leading to the key Church-Clifford Case 1972 Senate amendment attached to foreign aid legislation to end all funding for US military operations in Southeast Asia except for withdrawal subject to the release of prisoners of war. It was the first time either House passed legislation to end all war funding. It was defeated in the House but showed anti-war forces strengthening that in time would prevail.

They finally did in June, 1973 when Congress passed the Church-Case amendment ending all funding after August 15. Congress then overrode a presidential veto passing the War Powers Act (still the law) that year limiting presidential power by requiring the chief executive henceforth to consult Congress before authorizing troop deployments for extended periods. Unlike today, Congress began taking its check and balancing role seriously enough to act, if slowly, to curtail presidential authority and assert its own with the most important power it has - of the purse that forced Richard Nixon to end the Vietnam war. It can do it again today as then but so far shows little inclination or courage with few and rare exceptions, one being a modest effort by Senator Russ Feingold who detailed his position on the Senate floor even though now he’s gone wishy on it.

… Following 9/11, the president rightfully called the attacks acts of terrorism (whoever was responsible) as they are under US law even though international law provides no generally accepted definition of this crime. They weren’t acts of war, and calling them that crossed the line breaking the law as only nations can attack one another, not individuals. No evidence existed then or now Afghanistan was behind them nor did Saddam pose an imminent threat justifying our aggression.

George Bush tried and failed getting legal Security Council cover for both wars. He then tried getting it from Congress, couldn’t get his preferred formal declarations and had to settle for joint-War Powers resolution authorizations to protect the country against international terrorism he chose to do by waging illegal wars against two countries.

[Steve Lendeman]