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byAdib Rashad ~


 Article II, section 2 declares the president as the "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..."

On the other hand, the Constitution makes Congress the major authority in
military matters. Article I, section 8 gives Congress the power "To declare
war...To raise and support armies...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..."

Congress declared war against Japan on December 8 and against Germany and
Italy on December 11, 1941, this would be the last year that Congress would
invoke a declaration of war.

Interestingly, three US presidents would circumvent a Congressional
declaration of war. President Harry Truman in 1950 received, through
political stealth, United Nations Security Council approval to commit US
troops to a United Nations "police action" in Korea. The objective was more
politically tangible and forthright at that time--it was the fight against
the "Red Menace," and its Asian expansion.

President Lyndon Johnson, utilized anti-Communist rhetoric to encourage
Congress to enact the infamous "Gulf of Tonkin" resolution.
Lastly, President George H. W. Bush through continuous appeal against
Saddam Hussein obtained House and Senate approval in January 1991 before
sending US troops into the Persian Gulf.

   Congress, through anguish and despair, endeavored to recapture some its
authority over the declarations of war by enacting the "War Powers
Resolution" This was put forth in 1973. The resolution set up a process of
consultation and early US military withdrawal unless Congress authorized
further action.

Obviously, this check on presidential power has been, for the most part,
ineffective, and ignored.

Edward F. Snyder, wrote an article for the Washington National Legislation
Newsletter, No. 667, June 2002, titled "Congress and War-Making" in which
he raises some vital questions for members of Congress about how the US
should use its military, political, and economic preeminence in the world:

1. Does the Administration's "might makes right" policy put the US at risk
of repeating the mistakes of the Roman and British empires?

2. Could the US use its current strength and leadership to help build a
world of law and order that would enhance US security for decades to come?

3. Is the Administration prepared to provide local security throughout Iraq
for an indefinite period?

4. How will the US set up and maintain a new government in Iraq, and how
and when US forces would be withdrawn?

In conclusion, Snyder aptly states that the "burden is now on Congress to
assert its right and responsibility to meaningful prior consultation and
approval before US armed forces are sent into military action" He further
states that "War on terrorism," in the current domain, Congress, in S.
Resolution 23, limited the President to acting against those "he determines
planned, authorized, consulted, or aided the terrorist attacks that occurred
on September 11, 2001, or harbored such organizations or persons.

War is not the answer to the brutality of Saddam Hussein or to the threats
posed by terrorism and weapons of mass destruction; this can only lead to
global mass destruction.

*=====
Adib Rashad (RashadM@aol.com) is an education consultant, education
program director, author, and historian. He has lived and taught in
West Africa and South East Asia.

This article was previously published by theMarcusGarveyBBS (an entity of TheBlackList)
and TheBlackList at http://lists.topica.com/lists/TheBlackList/read