Congress Is Writing The President A Blank Check For War

Submitted by Tyler Durden on 01/25/2016 13:21 -0500
http://www.zerohedge.com/news/2016-01-25/congress-writing-president-blank-check-war
Submitted by Ron Paul via The Ron Paul Institute for Peace & Prosperity,
While the Washington snowstorm dominated news coverage this week, Senate Majority Leader Mitch McConnell was operating behind the scenes to rush through the Senate what may be the most massive transfer of power from the Legislative to the Executive branch in our history. The senior Senator from Kentucky is scheming, along with Sen. Lindsey Graham, to bypass normal Senate procedure to fast-track legislation to grant the president the authority to wage unlimited war for as long as he or his successors may wish.
The legislation makes the unconstitutional Iraq War authorization of 2002 look like a walk in the park. It will allow this president and future presidents to wage war against ISIS without restrictions on time, geographic scope, or the use of ground troops. It is a completely open-ended authorization for the president to use the military as he wishes for as long as he (or she) wishes. Even President Obama has expressed concern over how willing Congress is to hand him unlimited power to wage war.
President Obama has already far surpassed even his predecessor, George W. Bush, in taking the country to war without even the fig leaf of an authorization. In 2011 the president invaded Libya, overthrew its government, and oversaw the assassination of its leader, without even bothering to ask for Congressional approval. Instead of impeachment, which he deserved for the disastrous Libya invasion, Congress said nothing. House Republicans only managed to bring the subject up when they thought they might gain political points exploiting the killing of US Ambassador Chris Stevens in Benghazi.
It is becoming more clear that Washington plans to expand its war in the Middle East. Last week the media reported that the US military had taken over an air base in eastern Syria, and Defense Secretary Ashton Carter said that the US would send in the 101st Airborne Division to retake Mosul in Iraq and to attack ISIS headquarters in Raqqa, Syria. Then on Saturday, Vice President Joe Biden said that if the upcoming peace talks in Geneva are not successful, the US is prepared for a massive military intervention in Syria. Such an action would likely place the US military face to face with the Russian military, whose assistance was requested by the Syrian government. In contrast, we must remember that the US military is operating in Syria in violation of international law.
The prospects of such an escalation are not all that far-fetched. At the insistence of Saudi Arabia and with US backing, the representatives of the Syrian opposition at the Geneva peace talks will include members of the Army of Islam, which has fought with al-Qaeda in Syria. Does anyone expect these kinds of people to compromise? Isn’t al-Qaeda supposed to be our enemy?
The purpose of the Legislative branch of our government is to restrict the Executive branch’s power. The Founders understood that an all-powerful king who could wage war at will was the greatest threat to life, liberty, and the pursuit of happiness. That is why they created a people’s branch, the Congress, to prevent the emergence of an all-powerful autocrat to drag the country to endless war. Sadly, Congress is surrendering its power to declare war.
Let’s be clear: If Senate Majority Leader McConnell succeeds in passing this open-ended war authorization, the US Constitution will be all but a dead letter.

Mitch McConnell Moves To Grant The President Unlimited War Powers With No Expiration Date

Submitted by Tyler Durden on 01/22/2016 22:00 -0500
http://www.zerohedge.com/news/2016-01-22/mitch-mcconnell-moves-grant-president-unlimited-war-powers-no-expiration-date

Submitted by Mike Krieger via Liberty Blitzkrieg blog,

The essential act of war is destruction, not necessarily of human lives, but of the products of human labour. War is a way of shattering to pieces, or pouring into the stratosphere, or sinking in the deths of the sea, materials which might otherwise be used to make the masses too comfortable, and hence, in the long run, too intelligent.

– From George Orwell’s, 1984

This morning, I came across an extremely important story with tremendous long-term negative implications for freedom in these United States. It relates to the fact that the always shady Senate Majority Leader Mitch McConnell is moving to fast track an Authorization of Military Force (AUMF) for the President that would allow for unrestricted warfare against ISIS. There would be no time or geographic restrictions on this authorization. Rather than being a favor to President Obama, this is primarily a means to ensure that whoever takes control in 2017 receives a blank check for unrestrained militarism with no expiration date. This is terrifying.

Before I get into the issue at hand, some background is necessary. Many legal scholars, and indeed, even many members of Congress have admitted that Obama’s war against ISIS is illegal and unconstitutional. One of the best articles I’ve read on why this is the case, was published in the New York Times in 2014, which I covered in the post, Obama’s ISIS War is Not Only Illegal, it Makes George W. Bush Look Like a Constitutional Scholar. Here are a few excerpts:

President Obama’s declaration of war against the terrorist group known as the Islamic State in Iraq and Syria marks a decisive break in the American constitutional tradition. Nothing attempted by his predecessor, George W. Bush, remotely compares in imperial hubris.

Mr. Bush gained explicit congressional consent for his invasions of Afghanistan and Iraq. In contrast, the Obama administration has not even published a legal opinion attempting to justify the president’s assertion of unilateral war-making authority. This is because no serious opinion can be written.

This became clear when White House officials briefed reporters before Mr. Obama’s speech to the nation on Wednesday evening. They said a war against ISIS was justified by Congress’s authorization of force against Al Qaeda after the Sept. 11, 2001, attacks, and that no new approval was needed.

But the 2001 authorization for the use of military force does not apply here. That resolution — scaled back from what Mr. Bush initially wanted — extended only to nations and organizations that “planned, authorized, committed or aided” the 9/11 attacks.

Not only was ISIS created long after 2001, but Al Qaeda publicly disavowed it earlier this year. It is Al Qaeda’s competitor, not its affiliate.

Mr. Obama may rightly be frustrated by gridlock in Washington, but his assault on the rule of law is a devastating setback for our constitutional order. His refusal even to ask the Justice Department to provide a formal legal pretext for the war on ISIS is astonishing.

It’s been almost two years since that Op-ed was written, and Obama is still carrying out his illegal war on ISIS with barely a peep from our incredibly corrupt and useless Congress. Indeed, the only thing Congress is scheming to do is to ensure the next President receives a blank check for perpetual war.

From the National Journal:

Sen­ate Ma­jor­ity Lead­er Mitch Mc­Con­nell offered mem­bers a snow-week­end sur­prise late Wed­nes­day night: Quietly tee­ing up a po­ten­tial de­bate on the leg­al un­der­pin­ning for the fight against IS­IS.

After months of wor­ry­ing that such a res­ol­u­tion—known as an au­thor­iz­a­tion for the use of mil­it­ary force—would tie the next pres­id­ent’s hands, Mc­Con­nell’s move to fast-track the meas­ure sur­prised even his top deputy, Sen­ate Ma­jor­ity Whip John Cornyn, who was un­aware that Mc­Con­nell had set up the au­thor­iz­a­tion.

The AUMF put for­ward by Mc­Con­nell would not re­strict the pres­id­ent’s use of ground troops, nor have any lim­its re­lated to time or geo­graphy. Nor would it touch on the is­sue of what to do with the 2001 AUMF, which the Obama ad­min­is­tra­tion has used to at­tack IS­IS des­pite that au­thor­iz­a­tion’s in­struc­tions to use force against those who planned the 9/11 ter­ror­ist at­tacks. By con­trast, the leg­al au­thor­ity put for­ward by the ad­min­is­tra­tion last Feb­ru­ary wouldn’t au­thor­ize “en­dur­ing of­fens­ive ground com­bat op­er­a­tions” and would have ended three years after en­act­ment, un­less reau­thor­ized.

Read that over and over and over until you get how incredibly dangerous it is.

Don Stew­art, Mc­Con­nell’s spokes­man, said Thursday in an email that the new AUMF “is not the one the [p]res­id­ent asked for” and “not one that would tie the [p]res­id­ent’s hands.”

Exactly. It’s not the one the President asked for, it’s far more aggressive and dangerous.

Stew­art ad­ded that the pro­cess Mc­Con­nell used to set up the AUMF, known as “Rule XIV,” merely sets up the au­thor­iz­a­tion for a fu­ture vote, but does not put it on the cal­en­dar—mean­ing a vote could come at any time, or not at all. The res­ol­u­tion already has four Re­pub­lic­an co­spon­sors: Sens. Lind­sey Gra­ham, Daniel Coats, Joni Ernst, and Or­rin Hatch.

If war monger Lindsey Graham is a co-sponsor you know for sure it’s an unmitigated disaster for liberty.

Sen­ate For­eign Re­la­tions Chair­man Bob Cork­er said that there is still a “wide di­versity” of opin­ions on the is­sue. Some Demo­crats were crit­ic­al of even the pres­id­ent’s own draft AUMF, warn­ing that they’d need ad­di­tion­al re­stric­tions from the ad­min­is­tra­tion on troop levels and geo­graph­ic bound­ar­ies be­fore they could sup­port any au­thor­iz­a­tion. Re­pub­lic­ans, mean­while, wor­ried deeply about re­strict­ing the pres­id­ent as this ad­min­is­tra­tion, and the next one, work to com­bat IS­IS.

“This is the right thing,” said Gra­ham, a co­spon­sor on the new AUMF res­ol­u­tion. “This is the right in­fra­struc­ture to have.”

“If our Demo­crat­ic friends don’t want to give this pres­id­ent and oth­er pres­id­ents the abil­ity to go after IS­IS without lim­it­a­tion to geo­graphy, time and means—be on the re­cord,” he added.

Indeed, I’d like to see every member of Congress go on the record as to the issue of perpetual war to fight an enemy created by our government’s own foreign policy and our “allies'” funding and armaments.

Kaine said that al­though he and the vast ma­jor­ity of Con­gress sup­port com­batting IS­IS, he dis­agrees with the ad­min­is­tra­tion that the pres­id­ent is with­in his au­thor­ity to do so. “I be­lieve the war is il­leg­al,” Kaine said Thursday. “I don’t think there’s a leg­al jus­ti­fic­a­tion for it. And I think the greatest danger we end up do­ing is al­low­ing the pres­id­ent to wage a war without Con­gress weigh­ing in.”

Cornyn, who in Decem­ber said that Re­pub­lic­ans would not present an AUMF of their own un­til the pres­id­ent out­lined a strategy, said that he non­ethe­less wel­comed de­bate on the is­sue.

“I don’t think we should be afraid of that de­bate, but we need a co­her­ent strategy from the pres­id­ent which we still don’t have and we also don’t need to tie the hands of the next pres­id­ent by re­strict­ing what the pres­id­ent can do,” Cornyn said.

Sorry, but wasn’t the entire idea of a legislative branch to precisely restrict what the President can do. Congress is purely ceremonial at this point. What an utter embarrassment.