Posted by
arandomguy on Monday, March 12, 2007 12:28:09 AM
The Democrats are at it again. Falsely believing their election in 2006 was a mandate to withdraw this country from its obligations in Iraq, they are pursuing votes on initiatives that would begin the troop withdrawal by early next year. They want to establish a clear legislative timetable for withdrawal of American troops, and will work to see those initiatives passed into law.
Luckily, President Bush has said he will immediately veto any measure that would either cut funding for the war, or begin the withdrawal of American troops. Adding to the fray, are the moderate and conservative Democrats, elected in November from traditionally conservative states, who are reluctant to encroach on the powers of the commander-in-chief, which is explicitly forbidden by the US Constitution.
It is possible to get a bill like this passed in the House, where the rule of unlimited debate is not allowed, and thus all measures must be voted upon. In the House, "majority rules," which means if the Democrats are united, they will pass any measure they want to against GOP opposition. However, they do not have the required 2/3 majority necessary to override a presidential veto, so even in the House, passing something over the Presidents veto will be extremely difficult.
In the senate, it is a much tougher story altogether. First, they only have 50 active votes. The Republicans have 49. Because the Senate has unlimited debate, the Republicans can filibuster the bill, and prevent any vote from taking place unless 60 senators vote for Cloture, which will end debate and force a vote. However, Joe Lieberman is likely to vote against Cloture (as well as the bill), as are almost all the Republicans in the Senate. As a result, it is unlikely that the Democrats will gain the now 12 votes they need in the Senate to force a vote on the bill.
Even if they do, the President will veto it, in which case the Democrats need still another 7 votes to override the presidential veto. So, it is highly unlikely that anything will happen of these binding resolutions - just like nothing came of the non-binding resolutions passed earlier this year. Still, to me it is the thought that counts. There are two major problems I have here, that are unrelated to my stance on the War (which I support of course).
First, is the message it sends to our troops. Our men and women in uniform are over in Iraq dying to keep our nation safe and free. They are trying to bring democracy to a fledgling nation that has just broken free from the bonds of tyranny, and they are trying to kill the vicious enemies who want to destroy the United States and her allies. We are asking them to die to protect us, and to kill to protect us, tasks that are no small matter.
By voting to withdraw them before their mission is over, you are not telling the troops "we care about your safety and want you to come home." The time for that was when voting to go to war in the first place, which has long passed and most Democrats did not take the opportunity to do so. What you are telling the troops, is that the United States does not believe they are good enough to do their mission. They have been assigned a mission, and by cutting them short, we are telling them they are not good enough to accomplish it.
The other message I am concerned about, is the precedent this will set. It is necessary to go back to the constitution here to see just what the precedent is now. Under Article I, section 8, the Congress of the United States is given the power to "
declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."
Nowhere does it say in here that Congress shall have the authority to run the army - thus to give them orders. Nowhere does it say that Congress can "undeclare" war. And nowhere does it say that the Army has to answer to Congress. Rules for their government are under the authority of Congress. That is, they can decide how tribunals will be run and that sort of thing.
What does the Constitution say about the Executive?
"Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." - Article II, Section II
Thus, it is the PRESIDENTS job to command the Army and the navy - tell which soldiers to go to which places and to do what. Obviously, it is not that simple, but the fundamental principle within still applies - that is, Congress does not have the constitutional authority to tell the military what to do, when to do it, or how to do it, nor should they.
During the American Revolution, the Continental Congress was in charge of the army. It was a disaster - the result was Valley Forge and other nightmares. This is because in the military, the one thing never done - and this rule is accurate and goes back to the beginning of armies - is the sharing of command. Command is delegated - that is, the President delegates battlefield authority to his generals, who do the same to their subordinates, and so on down the line until you encounter the enlisted personnel. Yet command is not shared - that is, there are not two people who have the same identical authority. If Top General gives an order to Bottom General, Bottom must carry it out. No order given to Bottom (short of an order from someone with higher rank than Top) can supersede Top's. Thus is the principle - one man in command. This is why it is necessary to have the President be commander in chief. The president has the sole ability to act swiftly to adapt to conditions on the battlefield. Congress has to debate before it takes any action, and as a result it takes longer. This is fine when debating laws, but when prosecuting a war it has and will prove disastrous.
So this precedent that I'm concerned about, is that Congress will have the authority to be commander-in-chiefs, that is, to take this authority away from the president, that is to encroach upon it. Congress cannot run the military - the filibuster is a good example. What if one party filibustered the order to attack a certain target? It is an insane notion to think of the Senate or worse, the House, running the military.
Whether you agree with the President's actions or not, it is dangerous to mess around with the Constitution like this. The founders were explicit in what they intended - no law can violate the Constitution and still be valid. The Constitution explicitly gives authority over the command of the militias, the army, and the navy to the President, not to Congress. Congress has declared war - as is their Constitutional right. This is to protect against warlike presidents who wish to become dictator. However, once war has been declared, besides funding issues, Congress does not have any more authority over how events on the ground are run - these require a single person in charge, in our country, the President.
The other problem with this precedent, is that if Congress starts ignoring certain parts of the Constitution, what is to prevent them from ignoring others? If they can encroach on the Executive's right to prosecute a war, who is to say that they cannot (or will not) encroach on the right of people against self-incrimination? Or the right of people to bear arms? Or the right of free speech? Or the right to public trials, due process of law, and the right to defend yourself?
How can anything in the Constitution be sacred - as that Constitutional text is supposed to be - to our governance, if the Congress can blatantly disregard important portions of it, portions that are in the first two articles of the Constitution. The founders felt this information was important enough to put in the front, and we should respect their decision. Tampering with stuff like this will spell disaster in the next war, and will make it much harder for the United States to win anything.
The politicians in all branches already interfere too much with the Generals and the military. Let the military do its job, let it defeat the terrorists, and stop trying to get in the way. When politicians try to run wars, only disaster occurs - as in Vietnam. This is already a dangerous precedent, and we do not need it to get any worse by giving Congress the reigns over the prosecution of the war.
Like it or not, it is up to the President to decide how the war is run. Congress can cut funding, and express its disagreement, but the authority over what actions are taken place on the ground is ultimately the Presidents. He can choose to listen to disagreement or not to listen, but that is his choice. Congress has no other power to do anything to affect the prosecution of the war. The options made for Congress is extremely clear - cut funding, or express disapproval. They have already done the first, and it was ignored (and didn't pass the Senate). Since they know how much flak the Democrats took in the 70's for cutting funding for the Vietnam War, they are not anxious to repeat that mistake (and rest assured, it was a mistake in the 70's, just as it is now). So they are pursuing extra-constitutional means to achieve the same objective, and are disregarding the rich and important history of the document, of our nation, and are ignoring an important precedent, a precedent that must remain if this country is to be victorious in any more wars - or even to survive.
When will the Senate get this through its thick skull?