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U.S. Constitution
See other U.S. Constitution Articles

Title: Romney Says He Wouldn't Need Approval of Congress to Attack Iran
Source: The New American
URL Source: http://www.thenewamerican.com/usnew ... val-of-congress-to-attack-iran
Published: Jun 20, 2012
Author: Written by Joe Wolverton, II
Post Date: 2012-06-20 12:20:38 by SJN
Keywords: None
Views: 35459
Comments: 73

Appearing with Bob Schieffer on Sunday’s Face the Nation, Republican presidential candidate and “presumptive nominee” Mitt Romney said that if he is elected in November, he would not need congressional approval to start a war with Iran.

Specifically, Romney said:

I can assure you if I'm president, the Iranians will have no question but that I will be willing to take military action if necessary to prevent them from becoming a nuclear threat to the world. I don't believe at this stage, therefore, if I'm president that we need to have a war powers approval or special authorization for military force. The president has that capacity now. I understand that some in the Senate for instance have written letters to the president indicating you should know that a containment strategy is unacceptable. We cannot survive a course of action which would include a nuclear Iran, and we must be willing to take any and all actions.

Republicans, particularly those occupying the conservative corner of that big tent, may question how Romney’s stance differs significantly from that of President Obama, who famously exercised these imagined “war powers” to initiate military action in Yemen, Libya, and likely Syria.

In his Six-Month Report of the 2012 War Powers Resolution, President Obama informed Congress that the United States, acting under the ostensible authority of the United Nations, NATO, and the Authorization for the Use of Military Force, is currently conducting military operations in Afghanistan, Iraq, Yemen, Somalia, Republic of South Sudan, the Democratic Republic of the Congo, the Central African Republic, Uganda, Egypt, and Kosovo.

American military intervention in every one of these foreign conflicts came about by order of the president without a congressional declaration of war, in direct violation of the separation of powers and enumeration thereof in the Constitution.

Apparently, a President Romney would retain his predecessor’s predilection for ignoring the Constitution and usurping powers that are not his.

This theory is not some politically motivated assertion by Romney’s rivals or an operative of the Obama reelection campaign. As Daniel Larson explained in the American Conservative:

These are not statements that Romney’s critics are putting into his mouth. No one is speculating about what Romney’s position on Iran might be, and no one is imputing views to him that he doesn’t claim to hold. He is telling the public plainly that he believes the United States cannot survive a containment policy directed against Iran. It is fair to conclude from this that Romney is delusional (or is pretending to be delusional) and cannot be entrusted with the responsibilities of the Presidency.

Larson continued:

Romney obviously does not believe war is a last resort, and he clearly doesn't believe that the Congress has anything to say about attacking Iran. According to Romney, it is something that the president could do tomorrow if he believed it necessary. The Constitution is completely irrelevant to Romney, and so is the consent of the American people expressed through its representatives. No one should have any illusions about how Romney would conduct foreign policy if he is elected.

Curiously, it is one of Romney’s newest supporters that once spoke out eloquently and inspiringly against the sort of dictatorial presidency that Romney is promising to perpetuate. On the floor of the Senate, Senator Rand Paul (R-Ky.) said:

Our Founding Fathers were quite concerned about giving the power to declare war to the Executive. They were quite concerned that the Executive could become like a king. Many in this body cannot get boots on ground fast enough in a variety of places, from Syria to Libya to Iran. We don't just send boots to war. We send our young Americans to war. Our young men and women, our soldiers, deserve thoughtful debate. Before sending our young men and women into combat, we should have a mature and thoughtful debate over the ramifications of and over the authorization of war and over the motives of the war. James Madison wrote that the Constitution supposes what history demonstrates. That the Executive is the branch most interested in war and most prone to it. The Constitution, therefore, with studied care vested that power in the Legislature.

Friends of freedom are hopeful that Senator Paul’s endorsement of Mitt Romney has not cost him his dedication to the Constitution or his opposition to the unconstitutional exercise of “war powers” on the part of the occupant of the White House regardless of the letter after his name.

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Begin Trace Mode for Comment # 66.

#2. To: SJN (#0)

Romney's notions here are nothing new. All part of unitary executive theory.

This is part of why an American president is always dangerous. Few real constraints on their power to go to war.

Congress can defund a war. But in a real power struggle between Congress and the executive branch, the president will always hold the upper-hand and will have plenty of ways to keep troops in the field or to use nukes with no consultation at all.

Romney could nuke Tehran and get away with it. So could Obama.

Tooconservative  posted on  2012-06-20   12:32:45 ET  Reply   Untrace   Trace   Private Reply  


#3. To: TooConservative (#2)

James Madison wrote that the Constitution supposes what history demonstrates. That the Executive is the branch most interested in war and most prone to it. The Constitution, therefore, with studied care vested that power in the Legislature.

So what happened to the above?

SJN  posted on  2012-06-20   13:12:10 ET  Reply   Untrace   Trace   Private Reply  


#5. To: SJN (#3)

So what happened to the above?

Only Congress can declare a war.

But nothing forbids a president from starting a war and carrying it on for some time without any consultation with Congress.

And only Congress, specifically the House, can restrain such wars by defunding them.

People need to be aware of exactly what the Constitution does and does not say about war powers and other matters.

Tooconservative  posted on  2012-06-20   13:36:00 ET  Reply   Untrace   Trace   Private Reply  


#6. To: TooConservative (#5) (Edited)

There is nothing in the USCON that states that the POTUS may *start* a war.

war  posted on  2012-06-20   14:47:29 ET  Reply   Untrace   Trace   Private Reply  


#29. To: war (#6)

There is nothing in the USCON that states that the POTUS may *start* a war.

You supported Obama's attack on Libya didn't you? I may be wrong.

I agree with what you stated above.

A K A Stone  posted on  2012-06-21   1:17:57 ET  Reply   Untrace   Trace   Private Reply  


#33. To: A K A Stone (#29)

You supported Obama's attack on Libya didn't you? I may be wrong.

*Obama* didn't attack Libya...NATO did...

war  posted on  2012-06-21   9:52:31 ET  Reply   Untrace   Trace   Private Reply  


#35. To: war (#33)

*Obama* didn't attack Libya...NATO did...

What a cop out. We are part of NATO. Our forces were involved weren't they? So NATO can overrule the constitution. Sometimes you talk a good talk, like what you said earlier. Then you let your liberal partisan ship take over and make silly comments like the above.

A K A Stone  posted on  2012-06-21   9:59:55 ET  Reply   Untrace   Trace   Private Reply  


#42. To: A K A Stone (#35)

What a cop out. We are part of NATO. Our forces were involved weren't they? So NATO can overrule the constitution.

NATO was formed via treaty...read Article VI of the USCON...

war  posted on  2012-06-22   8:08:10 ET  Reply   Untrace   Trace   Private Reply  


#43. To: war (#42)

Congress still has to declare war.

Can you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses aughority to declare war?

The NATO treaty was set up to defend Europe from the Soviet Union. Not attack Libya.

You are just a partisan hack.

A K A Stone  posted on  2012-06-22   9:00:46 ET  Reply   Untrace   Trace   Private Reply  


#47. To: A K A Stone (#43)

an you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses authority to declare war?

The Framers, in their infinite wisdom, did not give the House a voice in Treaty ratification.

You are just a partisan hack.

This is why you lose posters. Was the above really a necessary addition to this discussion?

war  posted on  2012-06-23   8:57:36 ET  Reply   Untrace   Trace   Private Reply  


#49. To: war (#47)

an you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses authority to declare war?

The Framers, in their infinite wisdom, did not give the House a voice in Treaty ratification.

Yes in their wisdom they gave treaty making to the senate. In their wisdom they gave war making to the house. Now answer the question and stop dodging. There is no lawful authorization for anyone but the house to initiate conflict unless it is to repel an attack.

A K A Stone  posted on  2012-06-23   9:09:58 ET  Reply   Untrace   Trace   Private Reply  


#55. To: A K A Stone (#49) (Edited)

In their wisdom they gave war making to the house.

Nope the Congress.

22 USC § 1928 Is the NATO Treaty in the US Code.

22 U.S.C. § 287d : US Code - Section 287D: Use of armed forces; limitations Search 22 U.S.C. § 287d : US Code - Section 287D: Use of armed forces; limitations

The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d-1 of this title, nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.

Article 42 UN Charter: Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

war  posted on  2012-06-23   11:18:38 ET  Reply   Untrace   Trace   Private Reply  


#56. To: war (#55)

In their wisdom they gave war making to the house.

Nope the Congress.

You didn't know that the House as in House of Representatives is the congress?

A K A Stone  posted on  2012-06-23   11:26:54 ET  Reply   Untrace   Trace   Private Reply  


#58. To: A K A Stone (#56)

The House is PART of Congress...the Senate is PART of Congress.

The Congress is the House and The Senate.

An engine is part of a car but not the car.

war  posted on  2012-06-23   13:44:19 ET  Reply   Untrace   Trace   Private Reply  


#59. To: war (#58)

The House is PART of Congress...the Senate is PART of Congress.

The Congress is the House and The Senate.

An engine is part of a car but not the car.

You aren't very informed. House Passes Compromise FDA Reauthorization Measure By Timothy R. Homan - Jun 20, 2012 12:51 PM PT

THE HOUSE passed a measure that would reauthorize drug and medical-device user-fee programs for five years and establish new user fees for the Food and Drug Administration’s review of generic drugs and biosimilar products.

“This bill is good for the FDA, it’s good for industry, and it’s good for patients alike,” said Frank Pallone, a Democrat whose district includes the New Brunswick, New Jersey headquarters of Johnson & Johnson. (JNJ)

The legislation, passed by voice vote, also would affect companies like Petach Tikva, Israel-based Teva Pharmaceutical Industries Ltd. (TEVA)

The bill reflects a compromise between earlier SENATE AND HOUSE versions of the reauthorization measure for the FDA. It now returns to the Senate for a final vote.

“This is a bicameral, bipartisan piece of legislation,” Phil Gingrey, a Georgia Republican, SAID ON THE HOUSE FLOOR.

A K A Stone  posted on  2012-06-23   13:49:22 ET  Reply   Untrace   Trace   Private Reply  


#64. To: A K A Stone (#59)

You do understand that bills require the concurrence of BOTH chambers before it can be passed into law...treaties excepted?

war  posted on  2012-06-23   13:58:19 ET  Reply   Untrace   Trace   Private Reply  


#66. To: war (#64)

You do understand that bills require the concurrence of BOTH chambers before it can be passed into law...treaties excepted?

You understand that using force except repelling an invasion require only the House of representatives?

A K A Stone  posted on  2012-06-23   14:01:21 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 66.

#69. To: A K A Stone (#66) (Edited)

You understand that using force except repelling an invasion require only the House of representatives?

I understand no such thing...neither should you...

Article I Section 8:

The Congress shall have 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 in the above is the House given a reserve power...

war  posted on  2012-06-23 14:08:59 ET  Reply   Untrace   Trace   Private Reply  


#71. To: A K A Stone (#66)

I guess you *quit* and I can declare *SCHOOL'S OUT*?

war  posted on  2012-06-24 21:26:18 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 66.

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