Defense Secretary Leon Panetta has made assertions in the past that the US government gets their authority to declare war from NATO. Panetta is at it again, talking to Congress this week and stating that the President will “override” congressional authority if some “vital interest” calls for a war declaration.
In March of this year, during a Senate Armed Services Committee hearing on Panetta said that the UN and NATO have ultimate authority over the actions of the US military.
He intimated that Congress is a ceremonial relic that is unnecessary and irrelevant to today’s day and age.
Congressman Walter Jones questioned Panetta concerning his use of offensive military force by a President without prior and clear authorization from Congress. Such an offense constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
Panetta stated:
“You know, our goal would be to seek international permission. And we would come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress.”
Senator Jeff Sessions responded:
“I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat. I don’t believe it’s close to being correct. They provide no legal authority. The only legal authority that’s required to deploy the United States military is of the Congress and the president and the law and the Constitution.”
Based on this conversation, Senator Jones has introduced House Resolution 107 that reaffirms the proper limits of the Presidency, in that the job of the President is not to declare war or initiate unilateral military action but to be commander-in-chief of the military when Congress declares war.
The House Resolution states:
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution. Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
In an interview with KOAA-TV in Colorado Springs, President Obama said it is his desire and promise to circumvent Congress if it does not accomplish his policy objectives.
Rob Quirk, KOAA-TV: “And one year from today we will know if this a one-term or two-term president. So, I asked the president what will it take from now until then to not only win Colorado again, but reelection as well.”
President Obama: “Well, what we’re going to have to do is continue to make progress on the economy over the next several months. And where Congress is not willing to act, we’re going to go ahead and do it ourselves. But it would be nice if we could get a little bit of help from Capitol Hill.”
Panetta believes that the President can take steps to receive Congressional approval, but ultimately has power to declare war if that “action that involves the vital interests of this country”.
Panetta told Congressman Randy Forbes that, “the President could in fact deploy forces if he had to if our vital interests were at stake.”
However, Panetta eluded that Congressional approval prior to deployment of troops was not necessary.
Forbes asked Panetta if it was the President’s position that an international body could give him the authority to use military action prior to Congressional approval.
“In that situation if the international action is taken pursuant to a Security Council resolution or under our treaty obligations with regard to NATO that obviously we would participate with the international community,” Panetta replied.
Obama has already despoiled Constitutional article I, section 8, clause 11.
Article 1 Section 8 of the US Constitution remands the authority to declare war specifically to the Congress . This control is distinct from raising and funding an army, which is also a separate declared power of Congress.
The US Constitution and the War Powers Act say that the President may not initiate an undeclared war without the consent of Congress. If this was not the case, the US Constitution would not have separated the command to declare war from the position of Commander in Chief.
Should Obama participate in an undeclared war without the consent of the US Congress, he should be impeached under the War Powers Act.
Obama’s unconstitutional choice to include the U.S. in the illegal attack on Libya without the consent of Congress inspired members of the House of Representatives to mandate clarification of his actions.
The Obama administration continually comes forward to assert that they obtain their authority from the UN. Whether they are declarations of war or adopting UN policy through executive orders, this current President is implementing international policies and guidelines into our Constitutional Republic. These actions damage our freedoms are a sovereign nation.
Related posts:
Views: 0