DeFazio: War on Iran is up to Congress, not President
John Burroughs
Rep. Peter DeFazio (D-OR) and 32 co-sponsors have introduced a resolution (H. Con. Res. 391) in the House of Representatives declaring that the House, with the Senate concurring, “strongly and unequivocally believes that seeking congressional authority prior to taking military action against Iran is not discretionary, but is a legal and constitutional requirement.” DeFazio and 61 members of the House also wrote to President Bush expressing the same view.
The resolution and letter provide a history lesson, for example quoting President Washington that “no offensive expedition of importance can be undertaken until after [Congress] have deliberated upon the subject, and authorized such a measure.”
In the case of the Iraq war, Congress basically rolled over, adopting a resolution that turned over the decision of whether or not to attack Iraq to Bush. His subsequent decision to invade was wrong, unwise, and contrary to the UN Charter. What has been lost in the chatter since then is that Congress abdicated its constitutional role. As the Washington Post reported at the time, it was not for lack of alternatives:
“A [resolution] sponsored by Rep. John M. Spratt Jr. (D-S.C.) and Rep. James P. Moran (D-Va.), would have authorized U.S military action only if it were sanctioned by the Security Council or by a second congressional vote later this year. It lost 270 to 55.
A similar resolution, proposed by Armed Services Committee Chairman Carl Levin (D-Mich.), was defeated 75 to 24 in the Senate.”
Let’s hope that Congress has learned something and as Rep. DeFazio urges will assert its constitutional role with respect to any military action against Iran, whether it’s considered weeks, months, or years from now. It’s also way past time to start bringing the UN Charter and other international law into the deliberations.
May 12th, 2006 at 11:33 am
My comment is non-expert, but citizen sanity in support of your anti-war positions generally, and emphasis on the illegality of Bush’s War declaration as properly viewed as NOT representing America, and NOT the duty of the authority bestowed to the President who is to adhere to Congress as the true body representing the people in times of war.
Unprovoked war is certainly not wanted by a majority of Americans.
I have written in 1985 for the FREEZE as a volunteer, and had the opportunity to interview what was then named “Beyond War Movement” out of California, locally represented by a Hartford Physician who was a member of the Beyond War movement, and noted the theme “War is Obsolete” due to the technology as being entirely out of proportion and not a proper conflict resolution. At that time, in 1985, “new modes of thinking” was what they claimed was needed.
My layman’s non-expert view, with a pre-eminent attorney, Ralph Nader as a Proper Presidential candidate offering anti-war DIPLOMACY and withdrawal of the troops and humanitarian aid as the immediate need in Iraq–is that sanity (The Freeze in 1985, soon thereafter changed their name to SANE/FREEZE and is now PEACEACTION, and likewise, the Beyond War Movement has changed to Global Community-at my last check, which is not current…the themes are solid…stop the production of nuclear weapons applied to the U.S. and the U.S.S.R. and still DOES! and the theme of the Beyond War movement that WAR IS OBSOLETE, is actually not only long overdue in 1985, but a proper view of human civilization. Civilized people should not expect to declare war, but instead seek diplomacy as the proper view of international policy as a FACT and CONSTANT.
The U.S. is not supposed to be a “warmonger.” We are supposed to be a self-sufficient, self-governing country properly attending to our own affairs.
Iran should be dealt with at the international level, and that is a proper place for attorneys to tender legal diplomacy. The U.N. is a great forum for proper intelligent, civilized, and self-respecting conversations about each country’s proper position in this field of “nuclear weapons” which are supposed to be STOPPED.
Thank you so much. Your organization is likely vital to success, and I would appreciate proper appreciation of Nader as a real challenge to the ugly status quo of our current representation via a bad administration whose impeachment is overdue–lawyers do have proper view when they are principled. And authority. Such attorneys are appreciated!
Again, thank you.
Elizabeth Ellis
(volunteer for Ralph Nader for President 2004)