Saturday, June 25, 2011

A Memo to Conservatives: Presidents cannot initiate war

Writes Jacob Hornberger: "Suppose a law or a presidential act contradicts a provision of the Constitution. Which wins out? Libertarians say: The Constitution does. The law and the act are invalid because the Constitution is a higher law than the congressional law or the presidential act. Keep in mind, after all, that we the people — that is, our American ancestors — used the Constitution to call the federal government into existence as our servant, not our master, and on the condition that U.S. officials, including the president and the members of Congress, would comply with the terms of the document. 
One of those terms deals with the critically important issue of war. The Framers did not want to give the president the power to declare war. They felt that if they did that, presidents would be likely to send the nation into senseless, expensive, deadly, and destructive wars. Moreover, they agreed with what James Madison pointed out — that of all the enemies to the freedom of the American people, war would be the biggest because it would provide the opportunity for the federal government to centralize and expand its powers and to infringe on the rights and freedoms of the American people."

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