War in The Constitution. Question Senator Sessions: “What law does the military cite as the legal basis for war?” Answer Joint Chiefs of Staff Chairman,

Warin

The Constitution

QuestionSenator Sessions: “What law does the military cite as the legal basis for war?”

AnswerJoint Chiefs of Staff Chairman, General Martin Dempsey, “the kind of legal basis supplied by NATO or the United Nations.”

AnswerSecretary of Defense, Leon Panetta, stated that it would be “our goal to seek permission from the international community before informing Congress.”

Patrick Henry

“We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts.

Patrick Henry

“We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty?

Patrick Henry

“We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? . . . For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth – to know the worst and to provide for it.”

“Americans used to roar like lions for liberty; now we bleat like sheep for security.” Norman Vincent

Peale

What We Will Cover:1) Definitions related to:

- Foreign Policy- National Defense- War

2) The Founders’ View on:- Foreign Policy- National Defense- War

3) The Actual Words of the Constitution on: - War- National Defense- Foreign Policy

4) Modern Day Abuses of the Constitution5) What Can Be Done

Foreign Policy Definitions

Alliance or Confederation – The union between nations, contracted by compact (long term, high level commitment).

Agreement or Compact – The union of opinions or sentiments (short term, lower level commitment)

Treaty – An agreement or contract between two or more nations, formally signed by authorized powers of each nation (binding agreement to conditions)

Isolationism vs. Non-interventionism

Isolationism – to not have any dealings with foreign nations.

Non-interventionism – to not get involved in the affairs of foreign nations.

MilitiaThe term “militia” was not defined in the Constitution. It was a commonly understood term which existed in State statutes. Five principal features were common in these statutes:

1)All able bodied men between 16-55 yrs of age required to be in the militia2)It was a man’s duty to arm himself and have his firearm and ammunition available at a moment’s notice3)Periodic training was required4)Periodic inspections were made and fines assessed if the firearm and ammunition were not in proper working condition and available for use5)Militias were organized from the “bottom up”, not from the “top down”

Preemptive War

Being the first to break the peace; the initiation of armed conflict; an offensive act of aggression; making war without being attacked first.

War: A conflict carried on by force of arms

John Bassett Moore

“There can hardly be room for doubt that the framers of the Constitution . . . never imagined that they were leaving it to the executive to use the military and naval forces of the United States all over the world

John Bassett Moore

“There can hardly be room for doubt that the framers of the Constitution . . . never imagined that they were leaving it to the executive to use the military and naval forces of the United States all over the world for the purpose of actually coercing other nations, occupying their territory, and killing their soldiers and citizens,

John Bassett Moore

“There can hardly be room for doubt that the framers of the Constitution . . . never imagined that they were leaving it to the executive to use the military and naval forces of the United States all over the world for the purpose of actually coercing other nations, occupying their territory, and killing their soldiers and citizens, all according to his own notions of the fitness of things,

John Bassett Moore

“There can hardly be room for doubt that the framers of the Constitution . . . never imagined that they were leaving it to the executive to use the military and naval forces of the United States all over the world for the purpose of actually coercing other nations, occupying their territory, and killing their soldiers and citizens, all according to his own notions of the fitness of things, as long as he refrained from calling his action war or persisted in calling it peace.”

Just War Theory1. Defensive war alone is legitimate. The damage inflicted

by the aggressor nation must be lasting, grave, and certain.

2. Must be formally declared by proper authority

3. Just cause and right intention

4. Last resort after all else has failed

5. Limited and unchanging objectives (peace must be a central motive even in the midst of violence)

6. There must be a high likelihood of success

7. Proportionate means

8. Noncombatants must not be targeted

Declaration of Independence“[A nation] should declare the causes which impel them to the separation.”


“Governments long established should not be changed for light and transient causes”



“But when a long train of abuses and usurpations pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such Government”




“Such has been the patient sufferance of these colonies”




“Such has been the patient sufferance of these colonies”

“The history of the present King of Great Britain is a history of repeated injuries and usurpations . . . To prove this let facts be submitted to a candid world.”

“America has abstained from interference in the concerns of others, even when the conflict has been for principles to which she clings. . . .

John Quincy Adams

On Foreign Policy

“America has abstained from interference in the concerns of others, even when the conflict has been for principles to which she clings. . . . She goes not abroad in search of monsters to destroy. She is the well-wisher to the freedom and independence of all. She is the champion and vindicator only of her own.”

John Quincy Adams

On Foreign Policy

“Europe has a set of primary interests, which have to us none, or very remote relation.

George Washington

On Foreign Policy

“Europe has a set of primary interests, which have to us none, or very remote relation. Hence, she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns.

George Washington

On Foreign Policy

“Europe has a set of primary interests, which have to us none, or very remote relation. Hence, she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collusions of her friendships or enmities.”

George Washington

On Foreign Policy

George Washington

On Foreign Policy

“It is our true policy to steer clear of permanent alliances with any portion of the foreign world…”

“I deem one of the essential principles of our government to be peace, commerce, and honest friendship with all nations, entangling alliances with none…”

Thomas Jefferson

On Foreign Policy

Alexander Hamilton

“Safety from external danger is the most powerful director of national conduct . . .

On National Defense

Alexander Hamilton

“Safety from external danger is the most powerful director of national conduct . . . [N]ations the most attached to liberty . . . resort . . .to institutions which have a tendency to destroy their civil and political rights. . . .

On National Defense

Alexander Hamilton

“Safety from external danger is the most powerful director of national conduct . . . [N]ations the most attached to liberty . . . resort . . .to institutions which have a tendency to destroy their civil and political rights. . . . To be more safe, they run the risk of being less free.”

On National Defense

Benjamin Franklin

“He who would trade liberty for some temporary security, deserves neither liberty nor security.”

On National Defense

“The means of defense against foreign danger historically have become the instruments of tyranny at home.”

James Madison

On National Defense

“When the tyrant has disposed of foreign enemies by conquest or treaty, and there is nothing to fear from them, then he is always stirring up some war or other, in order that the people may require a leader.”

Plato

On War

“Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other.

James Madison

On War

“Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes;

James Madison

On War

“Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.”

James Madison

On War

“In no part of the constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not to the executive department.”

James Madison

On War

Declaration of War ClauseArticle I, Section 8, Clause 11

“Congress shall have power to declare war . . .”

States’ War Powers Article I, Section 10, Clause 3

“No State shall, without the consent of Congress . . . engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.”

Other “War” Powers Article I, Section 8, Clause 10

“Congress shall have power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations”


“Congress shall have power to . . . grant letters of Marque and Reprisal . . .”


“Congress shall have power to . . . grant letters of Marque and Reprisal, and make rules concerning captures on land and water”

Constitutional Armed Forces Army, Navy, and Militia

1) Constitutional Definition

2) Constitutional Operating Standards During Times of Peace

3) Constitutional Operating Standards During Times of War

Power to Raise ArmiesArticle 1, Section 8, Clause 12

“Congress shall have power to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.”

Power to Raise ArmiesArticle 1, Section 8, Clause 12


“A standing army is one of the greatest mischief that can possibly happen.”

James Madison

Appropriations for ArmiesArticle 1, Section 8, Clause 12


Government & Regulation of Land Forces

Article 1, Section 8, Clause 14

“Congress shall have power to make rules for the government and regulation of the land . . . forces.”

Commander in Chief ClauseArticle II, Section 2, Clause 1

“The President shall be the Commander in Chief of the Army


“The President shall be the Commander in Chief of the Army . . . when called into the actual service of the United States”

Who declares war?Who raises the army and finances them?Who makes rules for the armed forces?Who makes decisions about the use of the armed forces once a war is declared and the armies are raised?

NavyArticle I, Section 8, Clause 13

“Congress shall have power to provide and maintain a navy”

Government & Regulation of the Navy


“Congress shall have power to make rules for the government and regulation of the . . . naval forces.”


“The President shall be the Commander in Chief of the . . . Navy of the United States


“The President shall be the Commander in Chief of the . . . Navy of the United States . . . when called into the actual service of the United States . . .”

Government & Regulation of Armed Forces


“Congress shall have power to make rules for the government and regulation of the land and naval forces.”

“A ______________ is the best, most natural defense in a free country.”

James Madison

“A well-regulated militia, composed of the body of the people, trained in arms, is the best, most natural defense in a free country.”

James Madison

2nd Amendment

“A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.”


2nd Amendment


2nd Amendment

Militia ClauseArticle I, Section 8, Clause 15

“Congress shall have power to provide for calling forth the militia


“Congress shall have power to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions”


“Congress shall have power to provide for organizing, arming, and disciplining, the militia,


“Congress shall have power 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,


“Congress shall have power 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.”


“The President shall be the Commander in Chief of the . . . militia of the several states


“The President shall be the Commander in Chief of the . . . militia of the several states, when called into the actual service of the United States . . .”

Made up of . . .

Militia National Guard

All adult males The few who enlist

Arms provided by . . . Each individual The Government

Deployed abroad? No

Yes

Militia vs National Guard

Found in Constitution?

Exists Today?

Yes

Yes

No

No

Arms stored . . .

Organized from . . .

At one’s home

The bottom up

By the Government

The top down

Who is in charge of national defense? Which organizations are under their direction?

- Navy (standing)- State Militias (standing – at the local and state level and must be called up

by Congress)- Army (which must be raised by

Congress)Who makes rules for the armed forces?*Who makes decisions about the use of the armed forces once a war is declared and the forces are combined?*

Alliances, Agreements, Compacts, and Confederations

STATES

Article I, Section 10, Clause 1

“No state shall enter into any . . . alliance, or confederation.”

Art 1, Sec 10, clause 3

“No state shall, without the consent of Congress . . . enter into any agreement or compact with another state, or with a foreign power.”

Alliances, Agreements, Compacts, and Confederations

Not mentioned

10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

FEDERAL

Treaties


“No state shall enter into any treaty . . .”

STATES

FEDERAL


“[The President] shall have power, by and with the consent of the senate, to make treaties, provided two thirds of the senators present concur.”

Foreign Policy Powers

Alliances - NoConfederations - NoAgreements - No* Compacts - No*Treaties - No

STATES FEDERAL

Alliances - NoConfederations - NoAgreements- NoCompacts - NoTreaties – Yes**

*Can do so with the consent of Congress**By the President with 2/3 Senate approval

Constitutional War Powers- Defensive war only- Declared by Congress- Led by Commander in Chief- Fought by raised Army who go home when done- Protects and respects life

Modern-day War Powers- Pre-emptive, empire building - Undeclared, peace keeping UN Security Council resolutions- Led by coalition forces - Fought by standing Armies & National Guard, kept from home- Destroys and devalues life

Modern-day National Defense- Standing “policing” Navy - National Guard- Dismantles and destroys families

Constitutional National Defense- Standing “defensive” Navy- Well regulated “standing” militia in each state- Supports and defends families

Constitutional Foreign Policy- No entangling alliances- Non-interventionism- Golden Rule- Blessed are the peacemakers

Modern-day Foreign Policy- World’s police force- Overthrow governments- Spreading Democracy- Foreign interests, assets & allies

Nazi ReichsmarchallHermann Goering

“Of course, the people don’t want war. Why would some poor slob on a farm want to risk his life in a war when the best he can get out of it is to come back to his farm in one piece? . . . Naturally, the common people don’t want war – neither in Russia, nor in England nor in America, nor, for that matter, in Germany. That is understood.”


“… After all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. . . .

Dr. Gustave GilbertNuremburg War Trials

“There’s one difference. In a democracy the people have some say in the matter through their elected representatives. And in the United States only Congress can declare wars.”


“Oh, that is all well and good. But voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.”

“Terrorism is the best political weapon; for nothing drives people harder than a fear of sudden death.”

Adolf Hitler

“The easiest way to gain control of a population is to carry out acts of terror. [The public] will clamor for such laws if their personal security is threatened.”

Joseph Stalin

“This and no other is the root from which a tyrant springs; when he first appears he is a protector.”

Plato

“If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.”

James Madison

GeneralDouglas MacArthur

“Our government has kept us in a perpetual state of fear


“Our government has kept us in a perpetual state of fear – kept us in a continuous stampede of patriotic fervor


“Our government has kept us in a perpetual state of fear – kept us in a continuous stampede of patriotic fervor – with the cry of grave national emergency.


“Our government has kept us in a perpetual state of fear – kept us in a continuous stampede of patriotic fervor – with the cry of grave national emergency. Always there has been some terrible evil at home or some monstrous foreign power that was going to gobble us up if we did not blindly rally behind it.”

“There are many dangers in the world. The threat from Iraq stands alone because it gathers the most serious dangers of our age in one place. Iraq could decide on any given day to provide a biological or chemical weapon to a terrorist group or individual terrorists.“

“This man [Saddam Hussein] poses a much graver threat than anybody could have possibly imagined.”

George W. Bush

“Iraq is busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue an aggressive nuclear weapons program.

Dick Cheney

“Iraq is busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue an aggressive nuclear weapons program. These are offensive weapons for the purpose of inflicting death on a massive scale, developed so that Saddam Hussein can hold the threat over the head of any one he chooses.

Dick Cheney

“Iraq is busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue an aggressive nuclear weapons program. These are offensive weapons for the purpose of inflicting death on a massive scale, developed so that Saddam Hussein can hold the threat over the head of any one he chooses. What we must not do in the face of this mortal threat is to give in to wishful thinking or to willful blindness.”

Dick Cheney

Barack Obama

“It would not take much, just a handful or so of these materials, to kill hundreds of thousands of innocent people and that's not an exaggeration, that's the reality that we face.”

“ . . .the security of the world depends on the actions that we take . . .”

George Santayana

“Those who cannot remember the past are condemned to repeat it.”

War on Poverty, War on Drugs, War on Terror

Welfare State v. Warfare State

NDAA- Indefinite detention of American citizens- writ of habeus corpus suspended- no due process

PATRIOT Act- wiretapping is legal- spying without a warrant - seizing financial records- FBI issues their own warrants, instead of a judge

Transportation Security Administration (TSA)- guilty until proven innocent- “unreasonable searches and seizures”

Department of Homeland Security- created in 2003, now the 3rd largest cabinet department, 22 government agencies, 200,000 employees

National Security Administration- Federal government spy agency with

access to trillions of emails, phone calls, financial records, etc.

How do we restore the

Constitution?

3 Step Formula

1 – Educate Yourself

3 Step Formula


2 – Inform Others

3 Step Formula


2 – Inform Others

3 – Become Active in the Solutions

3 Step Formula


2 – Inform Others

3 – Become Active in the Solutions

The John Birch Society has been doing these things for over 53 years!

“Duties are ours - Results are God’s”

John Quincy Adams

War in The Constitution. Question Senator Sessions: “What law does the military cite as the legal basis for war?” Answer Joint Chiefs of Staff Chairman,

Documents

constitution slide

world slide

force of arms slide

preemptive war

norman vincent peale

affairs of foreign nations

term militia

united nations