“Hiroshima and the War Powers Act”
Rev. Bill Hofer
Rev. Bill Hofer
December
7th marks the 76th anniversary of that “day that will
live in infamy.” The US ended that war successfully, if success is measured by
416,800 US dead compared to 60 million for the rest of the world. An incredible 3% of the 2.3 billion alive in
1940! In what, six years? The end came when “little boy” incinerated
80,000 people in Hiroshima, another bomb killed 70,000 three days later in
Nagasaki, with over 250,000 total counting the radiation aftermath. Seven decades later the debate still rages
whether it was necessary. My own position has changed over the years.
Last week I commented on the increasing interest among Americans in general, and Republican Christians in particular, of another Hiroshima type attack on our perceived “enemies.” This essay, however, is about the little remembered date of December 8th. That was the day that Congress responded, within one hour, to the “day that will live in infamy” speech by declaring war (Public Law 77-328, 55 STAT 795) on the Empire of Japan.
Although the U.S. has been involved in many wars since then, World War II was the last time Congress declared war, as required by the Constitution. (Another declaration was passed on June 5, 1942 against Bulgaria, Hungary, and Romania.) We have been involved in hundreds of skirmishes around the world and some pretty heavy conflicts (Korea, Viet Nam, Persian Gulf War, to name a few) but no declarations of war. This amounts to perhaps the most serious of the many derelictions of duty by the US Congress. They have given up on controlling spending, they have given up on defending life and our right to defend our own, and they have given up on protecting our persons and property. And they have given up on controlling blood thirsty and gold grubbing executive branches from killing for profit. But they still show up on payday.
In my previous article I listed the traditional points of the “Just War Theory.” American Leadership has abandoned classical thought here and the lemmings, in particular voters in red states, have dutifully followed over the cliff. Congress capitulated to Nixon in the 1973 Viet Nam era “War Powers Act.” As Andrew Napolitano argued in 2014, one branch of our constitutional republic cannot give away its powers to another branch. “Though the courts have never reviewed it, the ’73 Act is certainly unconstitutional, as the courts have consistently ruled that one branch of government cannot give away its principle constitutional power to another branch.” The “separation of powers” is foundational to our existence.
Mike Maherry of the Tenth Amendment Center reminds us, “As a candidate, Pres. Trump called the war in Afghanistan ‘futile’ and pledged to pull the U.S. out of the quagmire. But in a recent speech, the president announced a plan committed to extending and deepening U.S. military involvement in that country. Trump said he was now convinced ‘a hasty withdrawal would create a vacuum for terrorists, including ISIS and Al Qaeda.’ He said he planned to commit more troops to the region and to put pressure on Pakistan to destroy terrorist sanctuaries in that country.” He is now getting ready to attack North Korea and perhaps Iran. THAT IS NOT HIS CALL!
Last week I commented on the increasing interest among Americans in general, and Republican Christians in particular, of another Hiroshima type attack on our perceived “enemies.” This essay, however, is about the little remembered date of December 8th. That was the day that Congress responded, within one hour, to the “day that will live in infamy” speech by declaring war (Public Law 77-328, 55 STAT 795) on the Empire of Japan.
Although the U.S. has been involved in many wars since then, World War II was the last time Congress declared war, as required by the Constitution. (Another declaration was passed on June 5, 1942 against Bulgaria, Hungary, and Romania.) We have been involved in hundreds of skirmishes around the world and some pretty heavy conflicts (Korea, Viet Nam, Persian Gulf War, to name a few) but no declarations of war. This amounts to perhaps the most serious of the many derelictions of duty by the US Congress. They have given up on controlling spending, they have given up on defending life and our right to defend our own, and they have given up on protecting our persons and property. And they have given up on controlling blood thirsty and gold grubbing executive branches from killing for profit. But they still show up on payday.
In my previous article I listed the traditional points of the “Just War Theory.” American Leadership has abandoned classical thought here and the lemmings, in particular voters in red states, have dutifully followed over the cliff. Congress capitulated to Nixon in the 1973 Viet Nam era “War Powers Act.” As Andrew Napolitano argued in 2014, one branch of our constitutional republic cannot give away its powers to another branch. “Though the courts have never reviewed it, the ’73 Act is certainly unconstitutional, as the courts have consistently ruled that one branch of government cannot give away its principle constitutional power to another branch.” The “separation of powers” is foundational to our existence.
Mike Maherry of the Tenth Amendment Center reminds us, “As a candidate, Pres. Trump called the war in Afghanistan ‘futile’ and pledged to pull the U.S. out of the quagmire. But in a recent speech, the president announced a plan committed to extending and deepening U.S. military involvement in that country. Trump said he was now convinced ‘a hasty withdrawal would create a vacuum for terrorists, including ISIS and Al Qaeda.’ He said he planned to commit more troops to the region and to put pressure on Pakistan to destroy terrorist sanctuaries in that country.” He is now getting ready to attack North Korea and perhaps Iran. THAT IS NOT HIS CALL!
Pres. Jefferson is
often cited as a constitutionalist who disagreed with our constitution on this
one point. However, a careful study of
Jefferson’s justification for the Barbary Wars against Muslim pirates proves
otherwise. Pres. Madison, too, warned “Of all the enemies to public
liberty war is, perhaps, the most to be dreaded, because it comprises and
develops the germ of every other.” War leads to armies, debts and taxes. He
also recognized that “the discretionary power of the Executive is extended; its
influence in dealing out offices, honors, and emoluments is multiplied; and all
the means of seducing the minds, are added to those of subduing the force, of
the people.”
Madison emphasized that the decision to go to war was an integral part of declaring war and was not an executive function under the Constitution.
“The declaring of war is expressly made a legislative function. The judging of the obligations to make war, is admitted to be included as a legislative function. Whenever, then, a question occurs, whether war shall be declared, or whether public stipulations require it, the question necessarily belongs to the department to which those functions belong–and no other department can be in the execution of its proper functions, if it should undertake to decide such a question.”
When you get the chance ask Congressmen LaMalfa to introduce a “letter of Marque and Reprisal.” When he looks puzzled remind him its part of his responsibility as a member of Congress.
Madison emphasized that the decision to go to war was an integral part of declaring war and was not an executive function under the Constitution.
“The declaring of war is expressly made a legislative function. The judging of the obligations to make war, is admitted to be included as a legislative function. Whenever, then, a question occurs, whether war shall be declared, or whether public stipulations require it, the question necessarily belongs to the department to which those functions belong–and no other department can be in the execution of its proper functions, if it should undertake to decide such a question.”
When you get the chance ask Congressmen LaMalfa to introduce a “letter of Marque and Reprisal.” When he looks puzzled remind him its part of his responsibility as a member of Congress.
Originally Published December 12,
2017
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