Thursday, September 25, 2014


I asked a variation of the same question with regard to the Russia sanctions. Answered it affirmatively. Just assumed. Then Putin charged sanctions were a violation of the WTO. The Administration didn't respond so I just assumed.

All of this began with Harry Truman. Korea. On the farm in Independence r&r'ing. Ring. Couldn't have been more surprised if he had been Hooker at Chancellorsville. Couldn't get a declaration of war from Congress on such short notice but UN in session. UN in session and Rooskis not there! UN resolution. In we went. "Police action," never a "war."

JFK, Cuba. "Blockade" an act of war: Need Congress for that. Okay, "quarantine."

War Powers Act. If you're on the farm when an attack happens go ahead and just notify us in 30 days for approval. Okay. Vietnam. "War" without the declaration part. War with the "Power" part. Bad.

If you're teaching school when an attack comes, same diff. Okay but that didn't happen for two years. After 9/11 Bush had to figure out who did it. It had to be bigger than Al Qaeda, we needed something to hit and they didn't even have their own country, shoot :(, and it had to be smaller than Islam, we can't hit all of Islam! :o so it was radical Islam. But they still don't have a state. How did we settle on Iraq for our riposte? I remember yellow cake, turned out there was no yellow cake, but I also remember there was no Al Qaeda there, no connection to 9/11, I don't remember how we settled on Iraq. I supported it! but I don't remember how we chose Iraq. I wanted a declaration of war, I didn't know how we could get around the Constitution with two years of preparation but I wanted a declaration of war against Pakistan, Saudi Arabia, I think there were three, I think the third was Iran, just because, maybe Egypt. Maybe Afghanistan, don't remember. I wanted a war with Islam. I knew the Bushies didn't. I understood their need to hit a state, I figured if we declared war on Pak, the House of Saud and let's say it was Afghanistan, we'd both get what we wanted; they'd get their states to hit and I'd get my war with Islam because I was sure the war would spread beyond those three. They chose Iraq and the rug. Okay. The point here is they still didn't get a declaration. I didn't understand how they could get around the Constitution in that case, I guess the War Powers (B-A-D), I didn't and still don't understand why they would want to get around a declaration in that case. Remember, there were hearings before Congress, Powell went to the UN and Congress, we went to NATO, we put together a "coalition of the willing" because France was unwilling, Damn French, let them eat Freedom Fries, Britain was with us, to Britain's regret, the point is we spent two years trying to get legal authorization but without doing the one thing, going to Congress and asking for a declaration of war, that, without question, would have provided a legal basis for war. Don't understand why.

Hitting the Islamic State is small beer compared to the war in Iraq and Afghanistan but the point is still by what legal authority is Obama doing it. I'm for it! if it's legal. We are bombing Syria, a state, and Obama hasn't even invoked the War Powers Act. Forget a declaration of war. As if.  He says quickly he can do it as Commander in Chief. He says it quickly because he doesn't want to spend a lot of time talking about it because under the Constitution the Commander in Chief is just like a general in the field, like MacArthur in Korea, subject to civilian control, in this case, Congress. Congress declares war, authorizing the president to command. He, a civilian, commands the military generals to act. MacArthur was fired by Truman for wanting to turn the UN authorized "police action" in Korea into a war. It all began with Truman.

I expected more from Obama, the President of Change, the lawyer, the constitutional law lecturer, he, who is chary of executive unilateralism, cautious even skeptical of US ability affect change abroad. I expected him to call a coup a coup in Egypt, I expected him not to just grandfather in NSA spying, the parallel legal system so different from the legal system he and I were trained upon, I expected him to support and defend the Constitution.