Emergency War Powers
I will preface this article with a simple statement, and this being that the United States Constitution, Section-ll Presidential 'Powers and Authorities', and the President's 'Emergency War Powers' are two separate and entirely different powers. Nor are ordinary "Executive Orders" posted in the Federal Register by a President in any way related to this special and unconstitutional "Presidential Emergency War Powers", most often today shortened to the Presidents "War Powers", using Executive Orders unchallenged by Congress and in deception for "War Powers" and many other not-war purpose. You will find that neither the United States Constitution nor the Emergency War Powers mentions the other, and this should be your first warning.
Reading Article-I and Article-II of the US Constitution will describe the specific powers and authorities limited between the President and Congress, as a binding and legal document the Constitution decrees and established all 'legal' Offices, Authorities, and Responsibilities endowed and permitted to our government whom we elect and they appoint as representatives. What this means is that the US Constitution is the base and legal power establishing this nation, however the Emergency War Powers being extra-legal supersedes and negates the US Constitution. This Emergency War Powers today replaces our Constitution, Congress, Judicial branch, Federal Law, and all other legal government operations including Int'l-treaty. It may interest you to know that this extra-legal powers has secretly and openly existed as endless and continuous war against one nation or another since year-1943, enabling a secret government operating outside our Constitution, laws, and treaties governing this nation.
The U.S. Constitution is a blueprint drawn up that establishes the American fabric we call our Republic and Democracy. Within this Constitution are the well laid plans that establish three branches of our government, and within the Articles of this Constitution are laid out the separate authorities, powers, and responsibilities specific as each branch is to oversee and insure compliance of the Constitution within our government. Only during the Civil War did a situation occur that interrupted the Legislative or Congressional operation of our Constitutional government. Back then as today, every representative we elected to office must take an oath to serve the people they represent, and to protect our U.S. Constitution. Fortunately it takes 3/4 of the States to pass a Constitutional amendment, unfortunately today it takes only One President to surpass the entire U.S. Constitution. An example using basic intelligence, the Constitution does not enable or permit assassinating a US President, and regardless how many times this literally has been done... it does not alter or now legalize assassinating a US President.
What this means, is that the President and Executive Office has no power or authority either 'signed' into existence by himself, nor 'inherited' from some ambiguous source that is not authorized within the Constitution. One such description called 'Crimes of State' adequately identifies this extra-legal War Powers. A separate issue but example of extra-legal 'crimes', are the 'Presidential Advisors' that report directly to Presidents called the CIA, certainly his CIA-Paramilitary (or private military) constantly involved in secret wars around the world. Article II, Section III of the Constitution however does give the President 'War Authorities', commonly called in error as War Powers, the President is given no 'Power' to initiate offensive War, only authority to defend America as commander and chief of the military. These 'War Authorities' fall under essentially two conditions, should Congress declare war, or should America come under attack, then and only then does the President have the 'Authority' to take command of the US Military to engage and defend this nation and citizen population.
Within the U.S. Constitution and Article-I; specifically Section-8, resides the only mention of ‘War Powers' authority, this being the absolute authority given only and with specific qualifications to Congress. Article-I in its entirety is called the 'Congressional Authorities'.
Within the U.S. Constitution and
Article-II; specifically Section-2 is the Executive or Presidential ‘Authorities'. Nowhere within Article-II can be found Presidential authority to ‘declare war', nor authority to "Engage" U.S. Military outside of US borders to (initiate an offensive War) by invasion of a foreign nation. The Constitution defines the President as 'Commander and Chief' of the military (only) "when called into the actual Service of the United States," meaning when Congress has "Declared War." Even then the President is only given the authority to "Defend" American interests, citizens and shores, clearly defined as a case when a foreign power attacks America. Article-II in its entirety is called the 'Presidential Authorities', and as Vietnam, Iraq, and other atrocities make obvious, giving one individual including a President the power to 'make war' cannot be validated or permitted by any excuse previously used.
The recent authorization (supposedly) given to President GW Bush called the Congressional Resolution, in Sections I-II-III-IV setting specific and mandatory limits (Click here to read) stating requirements that in key points the Bush Administration totally ignored in fact warned UN personnel to leave Iraq immediately before imminent invasion and war, despite UN commitments acknowledged by Congress as yet binding and in force. These were circumvented by the Executive and ignored by immediately declaring war with Iraq despite the Legislative using outright lies and deception today thoroughly documented. Understand that Congress (must) be in compliance with the US Constitution in (all) action's and decree's, it cannot violate the letter of restrictions and authorities as established in the Constitution, nor abdicate themselves from (their) Constitutional duties by surrendering it to the Executive Office.
In regards to the Presidential Constitutional authorities, this document mentions the President as Supreme Commander of the military (only) when Congress (has) declared war. Take note that the "Emergency War Powers" ascribed to the Executive Branch is (not) in the US Constitution (see above references). Some argue that regardless as this part of the Constitution has been broken so often, it negates this section of the Constitution, opening a very dangerous precedence for anarchy and lawlessness. Mentioning the unconstitutional "Executive War Powers" again, as example of this lawlessness, America by this unlawful declaration is (still) under 'Emergency War Status', these being three past wars declared not by Congress but by past DEM/GOP President's.
Within the entire U.S. Constitution and specifically Article-I (Legislative Authorities), there is found no mention giving Congress the authority to abdicate their War Powers, nor authority to pass Special Legislation (Resolution or Code) that would allow a President to ‘Declare War' in their place. This of course would ignore the fact that for the past 65 years using these illegal Presidential Emergency War Powers (issuing Executive Orders), Presidents have posted many 'decrees' in the Federal Register, these 'decrees' then totally ignored by the Legislative become US Law and have also began wars or other illegal Emergency War Power action's.
Regarding this later statement of Presidents writing and establishing laws using this illegal Emergency War Powers. The Constitution deliberately made Congress as the largest representative and governing body, as such the only body responsible through legislation having Constitutional Powers to establish and make laws. This means that the US Congress (and Federal Supreme Court) have 'unconstitutionally' allowed Presidents for the past 65 years to illegally make 'Laws' that in many cases have increased Presidential dictatorial powers while making null citizen's rights. Regarding an Executive Order posted by a President, it takes a 2/3 majority of Congress to over-ride and end a Presidential Executive Order. Congress does have the power to end this illegal Emergency War Powers of the Executive Branch, yet continuous since 1943 have failed their oath to protect the nation, citizen's, and the Constitution.
Congress has not ‘Declared War' involving a military conflict since WWII, meaning that the Executive, Legislative, and Judicial branches and our government have violated the U.S. Constitution in every ‘Police Action' plus every other use of US Military in attacking a foreign nation or domestic enemy since WWII. This includes Reagan using military at a prison riot, and Clinton enabling both US and British military forward deployed at the Davidian incident in WACO, Texas. Other illegal purposes and actions in which US Presidents have used this "War Powers," has involved US agricultural, labor, and other non-Presidential authorized 'emergencies'.
When our Constitution was written, statements by framers of the Constitution indicated they realized the need to establish our government with separate branches that augmented and overlooked each other. These statements indicate they realized it best to authorize only the larger Legislative branch with authority to ‘Declare War'. This was why the three branches of government were set up separate and given only authorities specific to their purpose, a safeguard to prevent strong men or usurpers from taking control of the greater legislative branch of our government. It should also be mentioned that of the three branches of US Government, Congressional Representatives are the (only) representatives in our government that US Citizens directly vote and elect into Office.
The violations we are now involved regarding the Iraq war also includes violations of several international treaties to which the U.S. government are presently obligated as signatory members. The Iraq war in respect to Presidential Emergency powers is also not covered in this Resolution decree, and at best is little more than an attempt to side step the U.S. Constitution, U.S. Congress, U.S. Law, and U.S. Treaties. Understand that this Emergency War Powers (concerning Iraq) was already in existence when President Bush took Office, Congressional approval (resolution) for Bush to declare war was unnecessary and secondary to Presidential War Powers, so ask yourself why Congress passed this special resolution anyway. Supposedly Congressional in 1973 passed a very similar Resolution, a cowardly attempt against President Nixon's overuse of War Powers in Vietnam, however precluded as mentioned by previous foreign and domestic War Powers passed on from previous administrations in their never ending dream called war. America has been and still is under Emergency War Conditions going back to FDR and 1943.
It must be remembered the only reason "Executive War Powers" were necessary by President Abraham Lincoln, was that our civil war divided the nation, splitting Congress into a body incomplete and without the necessary quorum needed to operate. To keep the government in operation during this period, Lincoln began issuing Special War-Emergency Executive Orders. However, once the nation and Congress returned to a ‘complete' operating body, President Lincoln terminated the War Powers and reinstated the Constitutional government. Make sure you understand, when Lincoln terminated the special Emergency Executive Powers, a complete and (Full) Congress with all government Offices existed and operated as originally formed by our Constitution.
President Franklin Roosevelt re instituted Emergency Executive Powers. Every Congress and President since has failed to terminate the Emergency War Power, and instead passed this extra legal Executive Power along, and with each passing greater dictatorial power has been established in the Executive Branch. With greater power in the Executive Office came less Congressional representation and oversight, resulting in serious and dangerous erosion of civil rights and freedoms of American citizens. Needless to say, it is obvious today how this lawlessness in foreign and domestic affairs has given way to unbridled and immoral greed benefiting at most an elite few, while at the expense of most American citizens, not to mention the death and suffering of unfortunate 3rd World populations.
Whether Executive Powers were used for Debt emergency, Farm and Agricultural emergency, Labor emergency, and the mirage of other Non-War emergencies, the greatest benefit that resulted from Presidential War Powers has consistently benefited elite entities while undercutting those of American citizens. Despite our Constitution and Laws prohibiting use of US-Military against citizens within America, this has been done within and against American citizen's, and Americans are not the only people who have suffered from Emergency War Powers. The citizens in the nation of Chile can attest to losing their Democracy, a covert operation by Executive Order taken to safeguard the holdings of US-Corporate interests, and then a Military Dictatorship set up in place of the murdered Chilean President. Vicious terrorist organizations such as SAVAK was set up in Iran during the 1950s, and the terrorist organization called CONDOR was set up for South American regimes during the 1970s. What instead might have happened had our Congressional representatives not coward to the power of wealthy bullies, but instead had fulfilled their government duties they had sworn to perform. If Congress has the authority to terminate the Presidential "Emergency War Powers", it should be noted that not one Congress since FDR has done so.
Both the Democrat and Republican political parties have been passing this "Emergency War Powers" back and forth (secretly) for the past 65-years. This is not a recent phenomena, nor has one political party had exclusive rights, it is a 'bipartisan' fact. President Bush today is using Emergency War Powers he has inherited, these in total and fact supersedes U.S. Law, the Congress, and the Constitution, meaning that all three branches of U.S. Government are now in violation of U.S. Law and the U.S. Constitution. There will be nowhere within our Constitution found an authorization for a President to 'pass laws', yet this is exactly what DEM/GOP Presidents using this "Presidential Emergency War Powers" have been doing these past 65-years. Contrary to popular opinion, America in 1991 did not run the Iraq war, but along with 23 other nations, our Congress passed a Joint Resolution that Authorized use of United States Armed Forces under United Nations authority against Iraq.
That these people (DEM and GOP Leadership) believe Emergency War Powers ‘replaces' US Law and the Constitutional government, this should be a red-flag warning to all American citizens. One question regarding this matter is indicative and proof of the illegal nature of our present government. Since President Franklin D. Roosevelt, every US President has chosen to retain the Emergency War Powers, passing it along never to be terminated. Name one time you were taught in school or college that Americans for the past 65 years have continuously lived under "Emergency War Conditions", and that Presidential Powers have superseded the US Constitution, US Laws, and the US Congress.
Not only is the recent US Congress "Resolution" in year-2010 allowing Pres-Obama using US military to make war on Pakistan illegal (unconstitutional), Pres-Obama next completely bypassing Congress in year-2011 using NATO as cover for offensive war against Libya, again totally illegal and unconstitutional. A treaty does not usurp the Constitutional authority given only to Congress, besides there is no proof existing that Libya was a danger to America, nor was propaganda true that Gadhafi was attacking innocent citizens.
Later proven were terrorist (somehow) within Libya attacking government forces and citizens, these were being fought by Libyan-Gov forces. Later found the greatest danger from Libya and Gadhafi was plan of developing a large Libyan gold-reserve into a Middle East currency of trade, endangering the U$-Trade Debt Dollar.
What gives lie to the entire story told by Pres-Obama for attacking Libya, was that on Jan 4, 2011 of that same year the General Assembly of the United Nations Human Rights Council was preparing an in depth glowing report on Muammar Gadhafi and the Libyan Jamahiriya, member nations were listing achievements in the area of human rights within Libya (with typical accusations by Western Super Powers). This Muammar Gadhafi that NATO and the United States repeatedly using US-Media told us for months that Gadhafi and his government were a "brutal dictatorship." President Obama made the following charges (below) against Gadhafi, not one US Mega-Media has since investigated or contradicted a single one of the major items of misinformation within Pres-Obama statement.
“Today,” Obama said on March 19, “I authorized the Armed Forces of the United States to begin a limited military action in Libya in support of an international effort to protect Libyan civilians. That action has now begun. In this effort, the United States is acting with a broad coalition that is committed to enforcing United Nations Security Council Resolution 1973, which calls for the protection of the Libyan people.”
Obama said, “I’ve acted after consulting with my national security team, and Republican and Democratic leaders of Congress. And in the coming hours and days, my administration will keep the American people fully informed. But make no mistake: Today we are part of a broad coalition. We are answering the calls of a threatened people. And we are acting in the interests of the United States and the world.”
The President has no such “authorization” from Congress and consultation with Congress is not sufficient under the Constitution.
This announcement followed a February 25, 2011 executive order declaring Libya “an unusual and extraordinary threat to the national security and foreign policy of the United States,” which is ludicrous on its face. Obama then declared “a national emergency to deal with that threat.” Note that a Presidents "Executive Order" does not negate the Constitution, and both Dennis Kucinich (D-OH) and Ron Paul (R-TX) state that the President 'did not consult Congress' before Obama engaged US Military in a 'Pre-Emptive War" against Libya.
Muddying the waters even more in year-2009 were three Sens. John McCain (R-AZ), Joe Lieberman (I-CT) and Lindsey Graham (R-SC) of Congress making a trip to Tripoli in Libya, meeting with and assuring Gadhafi of improving relations between the US-Gov and Libya. This semi-secret meeting might never have been newsworthy for American citizen's, except the misfortune of being leaked by that dastardly WickiLeaks. Lieberman true to dounlethink called Libya an important ally in the war on terrorism, noting that common enemies sometimes make better friends, whatever that meant.
Today some are becoming aware for the first time to the erosion of our Constitution and Bill of Rights, but as something new and the fault of a single political party. In truth this erosion has been going on for many decades, also involving periods of both political parties having majority representation. It has gone on even before Franklin D. Roosevelt, who of a South American dictator called Samoza said, "He may be a son of a bitch, but he's our son of a bitch," raising the question of when 'we the people' began claiming son of dictators.
An excuse by those involved in weakening and circumventing our Constitution and Democracy, is irrelevant statements such as our founders having no idea what would be possible and a problem from modern technology. What these apologists omit considering, is that these founders were very wise men, understanding that the greatest danger would not be from advancements of technology, but in fact how these developments or products would be used. Just as we today say it is not guns that are a danger in themselves, it is the person who uses the gun. The founders wisely understood the nature of man, understanding this to be the origin of problem when power, greed, and desire to control became a true danger. The Federalist Papers during the writing of the Constitution being a guiding principle that addressed this very real and understood danger.
Using this wisdom, the founding fathers established a constitutional government based upon moral and ethical principles, this being a government of checks and balances. It was an Executive head, a Legislative body, and a Judicial or interpretive arm. Each with their own authorizations and responsibilities, each augmenting and overseeing the operation of the others. Within this structure, the greatest or largest branch is the Congressional or Legislative branch, also the only representative's that we 'directly' vote into office. The Legislative branch given the greater responsibilities in representing the will of the people. Over these activities the Executive and Judicial had responsibility of oversight and interactive input. Neither the Executive or Judicial however were given the power to make laws, although today in bypassing the Legislative authorities both the Executive and Judicial go beyond their Constitutional authorities and establish law as they believe authorized by their own interpretation of executive law.
For those who wonder about the Presidential or Executive Branch claim to extraordinary authorities over US citizens in time of declared war, read Article-III, Section-3 of your Constitution, it explains the power and authorities in this situation, being the Legislative or Congressional, and not at all mentioning it mandated to the Executive office. It does mention trial by court of law with burden of proof upon the court, and allows representation by lawyer. Article-III, Section-3 of the Constitution calls such person/s as involved in acts of treason. Not once does the Constitution in Article-III authorize the Executive Branch to establish special Tribunals or Military Tribunal that authorizes extraordinary measures now being utilized by the Executive Office of the President. However Obama 'signed' a law that in full effect gives the President full power over the lives of any citizens.