I Swear, I Declare
William Raspberry wrote a thoughtful column on Monday wondering how the Administration has not only successfully circumnavigated logic, but also the clear language of the Constitution, in its headlong rush toward aggression in Iraq. Sure enough, it says right there in Article 1, Section 8, that only Congress has the power to declare war, and, War Powers Act notwithstanding, it may not legally delegate that power to the President as it seems to have done in this case. Nor is the United States either entitled or obliged to participate in an undeclared war solely through the agency of the United Nations. I'm sure conservatives would agree even more strongly on that point than anti-war liberals if the President's name happened to be Clinton.
All of this proves that, despite our cherished myths, we are a country of people, not laws. The clear language of the Constitution is a dead letter if there is no will to abide by it. What, after all, is the possible remedy? Would the Supreme Court declare a war in Iraq unconstitutional and order the troops home? Even if there were the votes on the Court to render such a decision, how on earth would it be enforced if combat were taking place?
Every American is taught to regard the Constitution as transcendent above the politics of the moment - that the rights and liberties ensured therein proceed to us from nature by some mystical process, and are inviolate. They're not. And as soon as we stop caring enough to insist on them, they can be taken from us by people with little regard for right or reason.
In the first act of Shakespeare's King Henry V, the young monarch, despite nearly absolute power, feels compelled to ask his councellors who are urging him to war with France, "May I, with right and conscience, make this claim?" The ambitious Archbishop of Canterbury replies, "The sin upon my head, dread sovereign!"
The sin upon us all if we at least require our dread sovereign, determined to make war in our name, right and conscience be damned, to ask the consent of our elected body, as he is required to do under our Constitution.
10:06:22 AM
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