Monday, December 21, 2020

Congress has reversed Constitutional war making process


Article 1, Section 8, Clause 11 of the Constitution grants Congress sole power “to declare war”. Congress did that 5 times in 244 years, the last December 8, 1941. FDR didn’t unilaterally declare war against Japan. He asked, and was granted, permission from Congress.
Beginning with Harry Truman’s ‘Police Action’ launching the Korean War in 1950, presidents have chipped away at Congress’ war making power. So much so that military action is now virtually sole province of the prez. Congress is OK with that because it gives it the best of both worlds; their love of perpetual war and cover in case war goes badly. ‘Don’t blame Congress. This is the president’s war, not ours’.
Congress so loves war it has proclaimed a new war power, one that forbids the president from ending a current war without Congressional approval. Inserted in the $740 billion 2021 National Defense Authorization Act (NDAA) is an amendment withholding funds from any presidential troop withdrawal in a war zone without congressional approval. This quashes Trump’s order to remove all U.S. troops from our 20 year long Afghan war. Two decades of failure, with hundreds of thousands of casualties, including 2,354 U.S. dead, is simply bringing the Taliban full circle back to power in a war that should never have been fought.
Ending perpetual war is one issue Trump is both right on and in sync with U.S. public opinion. Congress will have none of that. They passed the NDAA with veto proof majorities to counter Trump’s possible veto over their refusal to fund troop withdrawals.
That is the new U.S. war Roach Motel. The President builds it. Congress prevents its demolition.


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