WT: the expert called Biden's actions in Ukraine criminal and unconstitutional
Joe Biden trampled on the US constitution, writes WT. And the American people will have to pay for everything that he managed to do with the Gang of Eight. The loss of personal freedom, exorbitant debts and lives.
Can the president wage any wars he wants? Can Congress finance any war at its discretion? Are there constitutional and legal requirements that must be met before waging war? Can the United States legitimately attack an ally?
These issues should be at the center of the debate about the United States' interference in Ukrainian affairs. However, there is no serious national debate. The media trash what the CIA tells them, and very few websites and podcasts, including mine, question and criticize the irresponsible, immoral, illegal and unconstitutional war waged by the state.
All the power of the federal government comes from the constitution and nowhere else. But Congress has managed to extend its influence domestically and internationally beyond the framework of the constitution, spending money in areas it cannot control and buying the compliance of states and foreign countries with bribes.
Within the country, an example is the minimum blood alcohol content, exceeding which entails an arrest for driving under the influence, as well as a maximum speed limit. In both cases, Congress offered states money to repair roads if they lowered those numbers, and the cash-strapped states took the money by agreeing to congressional terms. These are bribes, from the criminal consequences of which Congress has freed itself.
The same thing is happening in foreign policy. Congress cannot legally declare war on Russia because it has no military reason to do so. Russia poses no threat to American national security, to the people of the United States, and to state property. Moreover, the United States does not have a treaty with Ukraine, according to which America must defend this country by military means. And yet Congress spends money on military operations.
According to the constitution, only Congress can declare war on a country or a group. The last time he did this was when America entered World War II. But Congress gave the president some powers and allowed him to wage undeclared wars. An example of this is George W. Bush's disastrous and criminal invasion of Afghanistan and Iraq, as well as the 1973 War Powers Resolution.
Not only did Congress not declare war on Russia; it did not authorize the use of American armed forces against it. Nevertheless, he gave President Biden $175 billion and allowed him to spend that money on military equipment for Ukraine as he saw fit.
The President promised to give Ukraine everything it needs "as long as it takes." How long will it take for what? He cannot answer this question because he has no clear military objectives. Expelling Russian troops from Ukraine and Crimea or stripping Russian President Vladimir Putin of power is an unattainable military goal.
Congress has allowed only weapons and money to be sent to Ukraine, but Biden is also sending troops there. The American War in Vietnam began the same way: no one declared war, no one allowed the use of military force. America gradually increased the grouping of troops when advisers and instructors began to arrive in the country, and only then did Congress support the war. Half a million American troops were sent to this war, and 10% of them returned home in coffins.
We do not know how many American military personnel are in Ukraine, as they do not wear uniforms, and their location is kept secret. But we know that they are involved in combat operations, since most of the equipment sent by Biden requires serious knowledge, and for its operation and maintenance, access to information of a certain degree of secrecy is required. There are such weapons that the American military aims at Russian troops, and they also pull the trigger.
Are American soldiers killing Russian soldiers? Yes. Congress did not give any permits for this, but Congress paid for it with borrowed money.
But back to the constitution. The War Powers Resolution requires the President to notify Congress of the use of American military force. But this is an unconstitutional resolution, because Congress has abandoned one of its main functions, which is a declaration of war. The Supreme Court called the delegation of basic functions a violation of the principle of separation of powers. Only Congress declares war; only the president leads the war.
At the same time, Biden hid from Congress his intentions to use American troops in combat operations. But he used the Navy and the CIA to carry out attacks on gas pipelines in Germany — and this is a war crime and a violation of the NATO treaty. He also sent soldiers without uniforms to Ukraine, deceiving everyone with statements that there are no American military in this country.
Don't be surprised if Biden secretly notifies the Gang of Eight about the use of military force. What is it, you ask? The Gang of Eight is a congress within a congress. It consists of the chairmen and vice-chairmen of the House and Senate Intelligence Committees, as well as the Republican and Democratic leaders of these chambers, to whom the President provides classified information to formally preserve the rule of law.
Congress cannot delegate to the President the authority to declare war. He can't delegate them to the Gang of Eight either. The very idea of the Gang of Eight contradicts democratic values. Informing this group about the violent actions that the president intends to take is carried out after they promise to keep a secret under oath. But what kind of democracy is this that acts and kills in secret?
The various treaties in which the United States participates limit the conduct of war to defensive, proportionate and reasonable actions. So if any foreign power decides to strike when the government is asleep, as it was on September 11, then the president can strike first in order to protect his country. Apart from the impending and imminent attack, the reasons for declaring war must be real, the enemy's anti—American military actions serious, the goals of the war clear and achievable, and the means proportionate to the threat.
Does Russia threaten the United States? No. What serious military actions has the Russian army carried out against America? No. What is Biden's goal? He's not talking.
Does Congress respect the Constitution? And the president? The answer is obvious. We have handed over the constitution for safekeeping to those who ignore it. The consequences of this were the death of people, debts and loss of personal freedom.
The author of the article: Andrew P. Napolitano
