28 May 2007

The role of Congress in relation to the military

George Lakoff and Glenn Smith of the Rockridge Insititue have thought about the Constitution. Most members of Congress have not. So these guys and gals take an oath to protect something they don't really understand and then let some idiot like Dear and Glorious Leader or Lesser Dear and Glorious Leader tell them what their role is. Joshua Crust.

A casual reading of the Constitution, like the one you get in a junior high civics class gives the impression that the three branches of our federal government are of equal power, with all those "checks and balances." It doesn't take more much more than the reading ability of a 10-year old to see that isn't the case. There are no final checks on Congress other than the people of the United Sates. Veto? It can be overridden or the president can be removed. Court decision ruling an act unconstitutional? Amend the Constitution or impeach a few justices. Congress wins. Every time.

FDR made some cultural changes that created our imperial executive. It was a time of national crisis, unlike any faced before or since. There were people starving in the midst of plenty; unemployment rates were at 25%; the idea of revolution was not too far fetched. So, in relief and gratitude that somebody was willing to lead, Congress ceded muuuuuuch of its authority to the executive. The Supreme Court whacked most of it in the head and the New Deal really died a-borning but gate had been opened and with time, the presidency got the upper hand.

Regulatory agencies. Executive orders. A permanent war footing. Undeclared wars.

The Constitution gives the authority to declare war to Congress. We all know that. Some of us also know that the United Nations Charter sort of compromises that by making war of aggression illegal and describing the circumstances under which war is okay. So maybe the idea of legally declared war is quaint. Okay. I'll even accept that. But that doesn't mean that the power to decide when to go to war now rests in the executive branch. Recall that the army is funded through sunset legislation. It has to be reauthorized every two years. The president is command-in-chief of the Congress's army. Just like in the ancient Roman Republic from which so much of the spirit of our Constitution is drawn. The Congress tells the president when it's time to go to war. And what the victory conditions are and when the war is over.

If Congress chooses to end funding for a military mission, it isn't the president's prerogative to leave unfunded troops in the field. The ending of the funding is the same as an order to bring the troop home. The president doesn't get to decide what is in the national interests. Congress does. The president didn't take an oath to defend the country. He took an oath to defend the Constitution. One would think that means he needs to understand it and obey it.

Or be removed.

Since he serves at the will of the Congress. The people's representatives.






Impeach the mother fucker already. And end the illegal occupation of Iraq.

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