Tag Archives: war powers

Shelled buildings in Ukraine

The Hypocrisy of Russia and U.S.

Paul Lovinger, founder of the War and Law League, makes an interesting point regarding politicians’ comments on the Russian invasion of Ukraine.

Lovinger is a frequent contributor to Antiwar.com. In his latest contribution, he lists absolute contradictions between what politicians say regarding war and what they do. Today they condemn Putin and his invasion of Ukraine. Yesterday they supported U.S. invasion of Iraq and Libya. Not the same thing? Paul Lovinger argues otherwise.

Lovinger’s aim is to avoid U.S. involvement into yet another “presidential war.”

Here is his article as it appears in Antiwar.com :

Hypocrisy Abounds in Russia and U.S.

By Paul W. Lovinger March 14, 2022

In March 2003, when the U.S. launched its second war on Iraq, Russian President Vladimir Putin denounced it. The attack flouted world opinion and international law, he said. In bypassing the United Nations, America threatened “collapse of the international security system.”

Iraq posed no danger to any neighbor or any other country, Putin said. Noting signs of Iraqi cooperation with arms inspectors, he questioned the claim that Iraq possessed “weapons of mass destruction.”

President George W. Bush perpetrated that invasion. Based on his lies that Baghdad had WMD and ties to terrorists, Congress agreed (10/12/02) to let him decide whether to fight Iraq. (He was already hellbent for hostilities. His staff had drafted the resolution relinquishing Congress’s constitutional war power.)

On the following March 19, Bush’s bombs attacked a nation of one-twelfth the U.S. population, commencing a war to topple Saddam Hussein’s government. It sacrificed, some say, as many as a million lives, including those of about 4,840 Americans. Officially it ended December 15, 2011, but U.S. combat forces remain in Iraq, at least through this year.

Nineteen years after the unprovoked and unjustified invasion of Iraq, Bush condemned Putin (2/24/22) for his “unprovoked and unjustified invasion of Ukraine.”

He urged “solidarity with the Ukrainian people as they seek freedom and the right to choose their own future. We cannot tolerate the authoritarian bullying and the danger that poses.” Let’s support “our friend and democratic ally.” (The U.S. and Ukraine, non-member of NATO, are not military allies.)

A Warrior Protests the War

Another ex-president, Barack Obama, castigated Putin. First, let’s go back eleven years.

On March 19, 2011, exactly eight years after Bush attacked Iraq, U.S. and NATO bombs began blasting Libya. No congressional vote preceded war, just President Obama’s order. Presented as a humanitarian, UN no-fly zone, it became a gory campaign to oust—and assassinate—Libya’s leader, Muammar Qadafi.

Three years and three months before Libya, Senator Obama wrote The Boston Globe: “The president does not have the power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

We return to Obama’s statement (2/24/22), protesting the “brazen attack on the people of Ukraine, in violation of international law and basic principles of human decency.” Russia did so because “Ukrainians chose sovereignty, self-determination, and democracy.” A brutal onslaught kills thousands and displaces untold numbers.

The illegal invasion by authoritarian forces, Obama wrote, “threatens the foundation of the international order and security.” All Americans should support President Biden’s hard-hitting sanctions.

“We all face a choice between a world in which might makes right and autocrats are free to impose their will through force, or a world in which free people everywhere are free to determine their own future.”

The writer had imposed his will on Libya through force, escalated Bush’s anti-Taliban war on Afghanistan, launched an unauthorized anti-Assad war on Syria, committed countless drone assassinations, and helped Saudis bomb Yemenis. Obama was the first president to wage war throughout his presidency (2009–2017).

Donald’s remarkable shifts

In various tweets, citizen Donald Trump opposed an attack on Syria in 2013 when Obama proposed it, called Obama’s foreign policy “reckless,” and extolled peace.

Speaking in 2016 in Washington, DC, candidate Trump repeatedly promised a new policy, aiming at “peace and prosperity, not war and destruction …. Unlike other candidates for the presidency, war and aggression will not be my first instinct.” He pledged diplomacy, caution, restraint, a peacemaker’s role for America, and so on.

Once in the White House, Trump showed that war and aggression did appear to be his first impulse. He soon bombed Syria.

Not only did he continue existing warfare: he intensified it. Looser rules of engagement and disregard of international law swelled civilian tolls. In Afghanistan the devastating MOAB bomb detonated for the first time. Trump continued the policy of furnishing bombs to Saudis to drop on Yemen; additionally, U.S. soldiers shot villagers there. New conflicts transpired in Africa. Trump scrapped weapons treaties, considered giving battlefield commanders nukes, and nearly fought Iran.

Comments by Trump on the Ukrainian crisis have swung wildly from praise of Putin’s “genius” to mocking of Biden’s avoidance of military action in Ukraine for fear of nuclear war with Russia.

Trump proposed a false-flag operation in which U.S. warplanes disguised as Chinese “bomb the s* out of Russia.” That scheme, presented to GOP donors, would supposedly fool Putin into fighting China. (The more likely result would be Russia’s bombing the s**t out of us.)

Joe will ‘defend NATO countries’

Joe Biden exemplifies both hawk and dove. In 1995 he urged Bill Clinton to bomb Serbia. When Clinton did so, in 1999, Biden told him not to let up.

Senator Biden opposed Bush Senior’s 1991 Iraq war, but Bush Junior’s lies about WMD and terrorism bamboozled Biden eleven years later. As chairman of the Senate Foreign Relations Committee, he echoed them in a prowar Senate speech. Later, as presidential candidate, he claimed he had opposed the war.

President Biden ended the Afghan war. However, he bombed Iraq and Syria and—contradicting election promises—has continued the Obama-Trump support for Saudi-led bombing of Yemen’s people.

Biden’s State-of-the-Union oration March 1 dealt first with the state of Ukraine. History taught “when dictators do not pay a price for their aggression, they create more chaos. [But not more aggression?] That’s why the NATO alliance was created to secure peace and stability in Europe after World War II.” (So why has it waged wars from Yugoslavia to Libya to Afghanistan?)

Putin’s attack was “premeditated and unprovoked.” He resisted “repeated efforts at diplomacy and tried to falsely justify his aggression.” (Biden could have been talking about the U.S. aggression against Iraq, which he tried to justify.)

U.S. forces “will not be engaged in a conflict with Russia in Ukraine.” (Knock on wood!) However, “we’ve mobilized American ground forces, air squadrons, and ship deployments to protect NATO countries …. [Uh oh!] The United States and allies will defend every inch of territory of NATO countries with the full force of our own collective power.”

Will Congress authorize such a war? Or will Bidden dictate it himself—a la Iraq, Syria, and Yemen? And what keeps it from becoming World War III??

By Paul W. Lovinger
March 14, 2022

Congress could still be MIA after new war powers bill

On a regular basis, members of Congress grumble about the Executive Branch usurping the war powers granted to Congress by the U.S. Constitution. Nevertheless, air strikes and other incursions continue unabated. Last month, President Joe Biden ordered “defensive precision air strikes” in Iraq and Syria, reportedly in response to drone attacks on U.S. personnel stationed in Iraq.

This month, Congress’ grumbling resulted in Senate Bill 2391, the National Security Powers Act, introduced on 07/20/21 by Senators Chris Murphy (D-Connecticut), Mike Lee (R-Utah) and Bernie Sanders (I-Vermont).

SB 2391 aims to do the following:

  • Increase Congress’ control over the authorization of military actions.
  • Reform the review of weapons sales to foreign countries.
  • Increase Congress’ control over the declaration of national emergencies.

The Bill aims to accomplish its objectives principally by the following:

  • Repeal of the War Powers Resolution of 1973.
  • Sunset four existing authorizations for the use of military force. One of which is the open-ended authorization President Dwight Eisenhower obtained from Congress in 1957 purportedly to protect Middle Eastern nations from Communist aggression. The remaining three authorizations are those Congress granted following the 9/11 attack on the U.S.
  • Set forth the minutia of what words in the Bill mean, when a U.S. President can send troops into military action without Congress’ authorization, and when authorizations are supposed to end.
  • Require Congressional authorization for foreign arms sales over certain amounts.
  • Require a President submit underlying laws and protocols supporting declarations of emergency, and limit the duration of states of emergency.

In spite of rhetoric about usurpation of war powers, all this bill aims to accomplish is a reform of how Congress can continue to dodge its Constitutional responsibility to speedily and efficiently deliberate on matters of war, and choose to declare or not declare war when military hostilities arise.

If Congress were really serious about curbing Presidential usurpation of power in matters of military action, all that Congress needs to do is repeal all war-related statutory authorizations now on the books and abide solely by what the U.S. Constitution states in Article I, Section 8, Clause 11; and Article II, Section 2,

Article I – Congress shall have 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 make Rules for the Government and Regulation of the land and naval Forces.

Article II –

  • 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.

Articles I and II make clear that Congress needs to declare war before a President exercises his duties as Commander in Chief. Constitutionally, in matters of war a President’s duties are solely military, directing deployments of troops placed at his command by Congress.

This Bill requires Congressional approval of government foreign arms sales over certain amounts. This requirement implies Congress’ view that choosing arms buyers is akin to choosing friends and foes. Besides, the U.S. Constitution gives Congress sole power in Article I, Section 8, Clause 3 to “Regulate commerce with foreign nations.”

The last time Congress exercised its Constitutional responsibility under Article I, Section 8, Clause 11 was December 1941. For the last 80 years, men and women in the military have been sent into battle without public debate or a formal declaration of war. Although Senate Bill 2391 falls short in requiring that Congress exercise its Constitutional duty regarding the declaration of war, it does call for some restraints that could prevent the Executive Branch from engaging the nation in forever wars.

Pictured: Korean War – Nearly 40,000 U.S. soldiers died in action and more than 100,000 were wounded in a war that was never declared by the U.S. Congress.