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23 March 2011
By Jacob G. Hornberger Given the battlefield success of Libyan dictator
Muammar Gaddafi's standing army against Libyan rebels,
President Obama has now shifted his tune. Instead of
simply advocating a no-fly zone over Libya, Obama is
now requesting the United Nations Security Council to
authorize the United States to bomb Libyan tanks and
artillery. Did you catch that? The president of the United
States is going to the UN to seek permission to attack
a sovereign and independent country. Where is the Tea Party when you need it? Aren't
they the ones that carry the miniature-sized versions
of the U.S. Constitution in their pockets? Attention
Tea Partiers: Check out the section of the
Constitution that requires the president to secure a
formal declaration of war from Congress before he can
wage war against a foreign regime. Let's hear from
you. This is no time for silence. The fact that Obama decides to go to foreigners to
seek permission to wage another war of aggression just
goes to show, once again, how far our nation has
strayed from its founding principles. For one thing, America was founded on the principle
of no standing army. Our ancestors knew that a
standing army is antithetical to the principles of a
free society, a principle that the rebels in Libya and
other Middle East countries are now discovering. But there is another reason that a standing army is
dangerous, as Americans have discovered: It can be
used by a ruler to involve a nation in endless foreign
military escapades, which oftentimes are so expensive
that they bring financial bankruptcy down upon a
nation. I'd say just ask the British Empire or the
Soviet Empire but they're out of existence owing to
bankruptcy. What's fascinating is how virtually no one, except
libertarians, brings up the U.S. Constitution when it
comes to foreign wars, specifically that part that
prohibits the president from waging war without a
congressional declaration of war. It's almost as if Americans have just come to
accept the fact that the president is now a ruler with
omnipotent powers when operating in foreign affairs.
The notion is that the president, operating through
his military and paramilitary forces (who are always
ready and willing to loyally obey whatever orders he
issues, no questions asked), can do whatever he wants
with respect to foreign policy. The Constitution is the highest law of the land. It
embodies the constraints on federal power that were
imposed on the federal government as a condition of
permitting the federal government to come into
existence. The Constitution is the law that we the
people have imposed on federal officials, including
the president and his military and paramilitary
forces. Just as federal officials require us, the
citizenry, to obey laws that they impose on us, they
are required to comply with the law that we have
imposed on them. The Constitution requires a congressional
declaration of war before the president can wage war
against Libya or any other nation. If the president
uses his standing army to attack Libya without a
congressional declaration of war, he is a lawbreaker
and should be impeached for his high crime. The fact
that this critically important part of the
Constitution has been ignored in the past should not
be permitted to serve as a defense or an excuse at the
president's impeachment trial. The law is the law. If
Obama or anyone else doesn't like it, they're free to
seek a constitutional amendment authorizing the
president to both declare and wage war. Until then,
the law should be enforced. Should the U.S. Congress declare war on Libya?
Should the president wage war on Libya? No to both
questions. Like Iraq and Afghanistan, Libya has not
attacked the United States, which would make the U.S.
government, once again, the aggressor in the conflict.
Wars of aggression were condemned as war crimes at
Nuremberg. What can Americans why sympathize with the Libyan
rebels do to help them out? They can take personal
responsibility for their beliefs and travel to Libya
and join the rebels. Not surprisingly, not one single
American interventionist has done so. Our ancestors brought into existence a nation with
no standing army, no militarism, and no empire, no
Federal Reserve, no federal torture, no federal
kidnapping, no war on terrorism, no CIA, no war on
drugs, no foreign wars, no public schooling, no paper
money, and no wars of aggression. They brought into
existence a government based on limited powers
expressly enumerated in the U.S Constitution, an
economic system based on free-market principles, and a
society deeply committed to the preservation of civil
liberties and fundamental rights. The time arrived has arrived for Americans to
return to first principles. Jacob Hornberger is founder and president of The
Future of Freedom Foundation. |