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Paul Merrell

Use of US Armed Forces Abroad, 1798-2014, and More from CRS - 0 views

  • Noteworthy new products of the Congressional Research Service that Congress has withheld from online public distribution include the following. Instances of Use of United States Armed Forces Abroad, 1798-2014, September 15, 2014
  • Proposed Train and Equip Authorities for Syria: In Brief, September 16, 2014
  • The No Fly List: Procedural Due Process and Hurdles to Litigation, September 18, 2014
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    This report lists hundreds of instances in which the United States has used its Armed Forces abroad in situations of military conflict or potential conflict or for other than normal peacetime purposes. It was compiled in part from various older lists and is intended primarily to provide a rough survey of past U.S. military ventures abroad, without reference to the magnitude of the given instance noted. The listing often contains references, especially from 1980 forward, to continuing military deployments, especially U.S. military participation in multinational operations associated with NATO or the United Nations. Most of these post-1980 instances are summaries based on presidential reports to Congress related to the War Powers Resolution. A comprehensive commentary regarding any of the instances listed is not undertaken here. The instances differ greatly in number of forces, purpose, extent of hostilities, and legal authorization. Eleven times in its history the United States has formally declared war against foreign nations. These 11 U.S. war declarations encompassed 5 separate wars: the war with Great Britain declared in 1812; the war with Mexico declared in 1846; the war with Spain declared in 1898; the First World War, during which the United States declared war with Germany and with Austria-Hungary during 1917; and World War II, during which the United States declared war against Japan, Germany, and Italy in 1941, and against Bulgaria, Hungary, and Rumania in 1942.  Some of the instances were extended military engagements that might be considered undeclared wars. These include the Undeclared Naval War with France from 1798 to 1800; the First Barbary War from 1801 to 1805; the Second Barbary War of 1815; the Korean War of 1950-1953; the Vietnam War from 1964 to 1973; the Persian Gulf War of 1991; global actions against foreign terrorists after the September 11, 2001, attacks on the United States; and the war with Iraq in 2003. With the exception of
Paul Merrell

DOJ's Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war... - 0 views

  • As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.
  • On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.
  • The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.
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  • One of Smith’s counsel, Professor Bruce Ackerman, argues that this reason for rejecting the oath-based theory of standing ignores the Supreme Court’s 1804 decision in Little v. Barreme. Little, however, is not on point. In that case, Navy Captain Little was sued by the owners of a Danish ship for damages caused when Little seized that neutral ship. The Court held that Little could be liable, notwithstanding the fact that he was following orders, because the capture violated a implicit statutory prohibition on the military’s seizure of ships sailing from France to the United States. In this case, however, Captain Smith has not argued — nor could he — that he has been ordered to do anything unlawful (in violation of a statute), let alone that he has been ordered to do something that would subject him to possible liability for damages. He is, instead, arguing that President Obama violated a statute. That is not enough to establish Smith’s standing to sue.
  • The government’s main argument, to which it devotes far too many pages, is that the judge must dismiss the case because it raises a “political question” that courts cannot answer. This is flatly wrong — and it ignores several controlling precedents, including the Supreme Court’s recent 8-1 rejection of virtually the same government argument in Zivotofsky v. Clinton.
  • The most interesting thing about the government’s brief — and by far the most important aspect of it, for public purposes apart from the lawsuit itself — is that, in the section ostensibly arguing that the case is nonjusticiable (see pp. 25-30, and also pp. 4-14), DOJ actually offers the Executive branch’s most detailed defense yet about why Operation Inherent Resolve is congressionally authorized. As some of us predicted, the government relies on three arguable authorizations, any one of which would be sufficient to defeat Smith’s WPR claim if the courts were to reach the merits. In this post I’m not going to assess the merits of the three arguments. For now, my purpose is only to describe them, and to raise one issue with respect to the third. i. First, the government argues that the 2001 AUMF authorizes the operation against ISIL.
  • Second, the government argues that the 2002 AUMF also authorizes Operation Inherent Resolve, just as it authorized operations in Iraq against AQI (which became ISIL) from 2003 to 2011, after the Hussain regime fell.
  • Finally, and most interestingly (in part because the government has not previously made this argument), DOJ argues that a recent “unbroken stream” of appropriations statutes not only confirm the authorities allegedly conferred by the 2001 and 2002 AUMFs, but also offer their own, independent congressional authorization.
  • Two things are fairly clear from this: The members of Congress approve of Operation Inherent Resolve — indeed, there’s virtually no opposition. And Congress has (most likely) appropriated funds to pay for it. The operative question, however, is whether Congress’s appropriations also serve as an authorization that would supersede the requirement of WPR section 5(b). The government brief alludes to one important argument that the plaintiff will undoubtedly raise: Section 8(a)(1) of the WPR provides that, for purposes of tolling the 60-day clock of section 5(b), “[a]uthority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred (1) from any provision of law . . . including any provision contained in any appropriations Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter.” Obviously, the 2016 Act does not satisfy that requirement. Is that fatal to the appropriations-as-authorization argument?
  • As the Office of Legal Counsel 50 U.S.C. 1542 and 1543). These provisions might be read simply to convey that the executive must continue to comply with the consultation and reporting requirements of WPR sections 3 and 4, even after the 2016 Act authorizes the introduction of troops into hostilities in Iraq and Syria. Or they might alternatively be construed to also specify that the Act is not providing the authority that section 5(b) of the WPR calls for.
  • Not surprisingly, DOJ argues for the former view (pp. 27-28 of the brief): “[I]n the few provisions in which Congress did reference the War Powers Resolution, to clarify that no funds made available for Operation Inherent Resolve are to be used ‘in contravention’ of the Resolution, Congress signaled its agreement that the President’s counter-ISIL military actions were authorized by simultaneously funding Operation Inherent Resolve. If Congress believed that the United States had been conducting airstrikes and other counter-ISIL military activities ‘in contravention of the War Powers Resolution,’ it would have made no sense for Congress to use the ‘in contravention’ proviso in the same laws that make funds available for the express purpose of continuing those military activities.” That’s not a bad argument, at least at first glance; but it’s not a slam-dunk, either, in part because appropriations provisions do not necessarily establish authorizations. It’ll be interesting to see how Captain Smith’s lawyers respond to this particular aspect of the merits argument. I doubt Judge Koller-Kotelly will reach it, however, because she is likely to dismiss the case for want of standing.
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    I've read the brief. I don't think the implied partial repeal of the War Powers Resolution argument should fly. The relevant provision establishes a rule of interpretation of later statutes and the appropriations bills neither reject the rule of interpretation nor specifically provide authorization for use of military force. They just authorize funding. On the standing issue, I think the DoJ position is correct; the oath of office applies only to senior officers who make the decision to initiate a war. But DoJ may have opened the door to a more compelling standing argument by arguing that the war does not constitute a war crime, a crime against peace, or a crime against humanity under international law. DoJ did not need to make that argument because Smith had not alleged in his complaint that he was being ordered to commit such crimes, but by doing so DoJ waives any argument that such issues are beyond the scope of Smith's standing and the evidence that the Iraq and Syrian wars are illegal under international law is, to say the least, strong.
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
Gary Edwards

Congressional Power - 1 views

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    Legal Brief on Congressional Power, Court Rulings, & the Constitution: The expressed powers of Congress are listed in the Constitution. Congress also has implied powers, which are based on the Constitution's right to make any laws that are "necessary and proper" to carry out those expressed powers. Congress has exercised its implied powers thousands of times over the years. Here are but a few major illustrations of that fact. 1780 1789 The Constitution gives expressed powers to Congress in Article 1, Section 8. 1800 1810 1819 In McCulloch v. Maryland, the Supreme Court holds that the powers to tax, borrow, and regulate commerce give Congress the implied power to establish a national bank. 1820 1824 Gibbons v. Ogden is the first commerce clause case to reach the Supreme Court. The broad definition of commerce the Court lays out in its ruling extends federal authority. 1830 1840 1850 1860 1862 The U.S. government issues its first legal tender notes, which are popularly called greenbacks. 1870 1870 In Hepburn v. Griswold the Supreme Court rules that the Constitution does not authorize the printing of paper money. 1870 The Court reverses its position on the printing of paper money and holds that issuing paper money is a proper use of the currency power in the Legal Tender cases. The decision in Juliard v. Greenman (1884) reaffirms this holding. 1880 1890 1890 The Sherman Antitrust Act, based on the commerce power, regulates monopolies and other practices that limit competition. 1900 1910 1920 1930 1935 The Wagner Act, based on the commerce power, recognizes labor's right to bargain collectively. 1935 The Social Security Act is passed. 1937 The Supreme Court upholds the Social Security Act of 1935 as a proper exercise of the powers to tax and provide for the general welfare in Steward Machine Co. v. Davis and Helvering v. Davis. 1940 1950 1956 The Interstate and National Highway Act, based on the commerce and war powers, provides for a national interstate highway system.
Paul Merrell

After almost 13 years, it's time to end Congress' blanket authorization of force | Wash... - 0 views

  • t may sound hard to believe, but Senate Majority Leader Harry Reid, D-Nev., isn't always wrong -- at least when he states the obvious: “9/11 is a long time ago,” he said Wednesday, “and it's something that needs to be looked at again.” The “it” is the post-9/11 Authorization for Use of Military Force resolution, or AUMF, adopted three days after the terror attacks, and now going on its lucky 13th year. It's been in effect nearly twice as long as the Gulf of Tonkin resolution authorizing Vietnam, what was “America's Longest War” -- until the 21st century, that is.
  • On Sept. 14, 2001, Congress authorized the president to use “all necessary and appropriate force” against the perpetrators of the 9/11 attacks and those who “harbored” them. Two successive administrations have since turned the 60 words of the AUMF's operative clause into what journalist Gregory Johnsen calls “the most dangerous sentence in U.S. history” -- a writ for a war without temporal or spatial limits. The last time the Senate held hearings on the AUMF, Sen. Lindsey Graham, R-S.C., asked the Pentagon's civilian special operations chief, Michael Sheehan, “does [the president] have the authority to put boots on the ground in the Congo?” Answer: “Yes, sir, he does.” Predictably, the hawkish Graham was totally okay with that. “The battlefield is wherever the enemy chooses to make it,” right? Right, said Sheehan: “from Boston to the [Federally Administered Tribal Areas of Pakistan]."
  • Asked how much longer the war on terrorism will last, Sheehan replied, “at least 10 to 20 years.” So presumably the AUMF can serve as the basis for Chelsea Clinton's “kill list” in 2033, after she trounces George P. Bush. Lyndon Johnson once compared the Gulf of Tonkin resolution to “Grandma’s nightshirt” because “it covers everything.” Even LBJ might have marveled at how the last two administrations have stretched the post-9/11 AUMF. Under the theory that “the United States is a battlefield in the war on terror,” the Bush administration invoked it to justify warrantless wiretapping and military detention of American citizens on American soil. The Obama administration cites it as legal authority for the extrajudicial killing of Americans via remote-control.
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  • The Senate Foreign Relations Committee will be taking another look at the AUMF this week. The hearing's title, “Authorization For Use Of Military Force After Iraq And Afghanistan,” hints at a preordained conclusion: that an updated authorization is needed. Ranking Republican Sen. Bob Corker of Tennessee wants to be sure the executive branch has “all the tools and capabilities” it needs to address “threats that did not exist in 2001.” Rep. Barbara Lee, D-Calif., the sole member of Congress to vote “no” on the original AUMF, has a better idea: end it, don't mend it. Joined by libertarian-leaning, antiwar Republicans like Reps. Justin Amash and Walter Jones, she's introduced legislation to repeal the AUMF. Two imperial presidents in a row have treated that authorization like a permanent delegation of congressional war power to the president. Their successors would no doubt do the same with any new “tools and capabilities” they’re given.
  • Without the AUMF, presidents still retain the constitutional power to “repel sudden attacks,” as James Madison put it. And if they think groups like al-Shabaab or Boko Haram demand a more sustained military response, they'll be free to make that case to Congress. But delegating new authorities in advance might permanently change our constitutional default setting from peace to war. Madison also said that “No nation could preserve its freedom in the midst of continual warfare.” We're now into our second decade running that experiment; how much longer do we want to risk proving him right?
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    I looked at Barbara Lee's bill. It requires a report from the Executive on all actions currently undertaken pursuant to the AUMF and requires that each action identified be terminated 60 days after the report unless Congress reauthorizes the action. It also repeals the AUMF. It's a good approach, but should require a sunset provision for each re-authorization so the Executive is blocked from maintaining us in a perpetual state of war as it has done with the AUMF itself. We're a long way from 9/11 and we are now fighting multiple wars in multiple nations against organizations that had nothing to do with 9/112, ostensibly to retaliate against those responsible for 9/11. No more open ended authorizations for war. 
Paul Merrell

Senators Push for Vote on Yemen War - LobeLog - 0 views

  • In a press conference Wednesday afternoon, U.S. Senators Bernie Sanders (I-VT) and Mike Lee (R-UT) announced that they—along with Senator Chris Murphy (D-CT), who was not present for the press conference—will introduce a privileged resolution that could put an end to U.S. logistical and other support for Saudi Arabia and the United Arab Emirates (UAE) in their nearly three-year-old military intervention in Yemen. The bipartisan resolution will invoke the 1973 War Powers Act, which requires the U.S. president to consult Congress for any deployment of U.S. armed forces into combat. Senate approval of the resolution could have far-reaching implications for other U.S. military operations in combat zones ranging from Syria to the African Sahel.
  • In a press conference Wednesday afternoon, U.S. Senators Bernie Sanders (I-VT) and Mike Lee (R-UT) announced that they—along with Senator Chris Murphy (D-CT), who was not present for the press conference—will introduce a privileged resolution that could put an end to U.S. logistical and other support for Saudi Arabia and the United Arab Emirates (UAE) in their nearly three-year-old military intervention in Yemen. The bipartisan resolution will invoke the 1973 War Powers Act, which requires the U.S. president to consult Congress for any deployment of U.S. armed forces into combat. Senate approval of the resolution could have far-reaching implications for other U.S. military operations in combat zones ranging from Syria to the African Sahel.
  • Washington has provided logistical and intelligence assistance to the Saudis and Emiratis since they unleashed their military campaign against a Houthi-dominated insurgency in March, 2015.
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  • Apart from its impact on U.S. involvement in Yemen, the resolution fits into a larger debate about Congress’s war powers as they relate to what the Bush administration referred to as the Global War on Terror (GWOT). The post-9/11 Authorization to Use Military Force (AUMF) has been used by the U.S. government for over 16 years to justify military operations that go far beyond responding to al-Qaeda’s attacks. If Congress were to finally reassert its authority on military matters it could have substantial implications on the GWOT, including U.S. military intervention in Syria and elsewhere, perhaps requiring a new and more limited AUMF.
Paul Merrell

Russia used Veto to Block Security Council Resolution on No-Fly-Zone over Aleppo - nsnb... - 0 views

  • Russia, late Saturday, used its veto right at the UN Security Council (UNSC) to block a French-drafted resolution that called for the establishment of a no-fly-zone over Aleppo, Syria. The veto came after Russian-drafted amendments were rejected.
  • The French-drafted resolution would have banned airstrikes in Aleppo as well as flights of warplanes over the city where Islamist insurgents, most prominently among them Jabhat al-Nusrah, are trapped in a pocket in the eastern part of the city. Russia had tabled an amendment to the French-drafted resolution, supporting the proposals of UN Special Envoy for Syria, Staffan de Mistura and the Syrian government. Both de Mistura and the government had guaranteed “rebels” to leave eastern Aleppo and to be transported to other “rebel-held areas”. In a passionate speech last week, de Mistura offered to personally escort the insurgents out of Aleppo. The Syrian government, for its part, offered an amnesty for foreign as well as for Syrian fighters. Foreign fighters could either chose to go to other rebel held areas or be granted safe passage out of Syria. Syrian fighters could also have free passage to other “rebel-held” areas or be granted a full amnesty. Following the rejection of the Russian-drafted amendment, Russia vetoed the resolution that would have imposed a no-fly-zone above sovereign Syrian territory. Eleven member countries of the UN Security Council voted for the resolution. Russia and Venezuela rejected it, and two more countries abstained.
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    France was undoubtedly carrying water for the U.S. on that draft resolution. The U.S. is desperate to save its surrounded Al-Nusrah forces in Aleppo, without giving up any ground. The U.S. has even threatened direct military intervention to save them. Problem: the U.S. voted for the U.N. Security Council Resolution that calls for the extermination of al-Nusrah and forbids *any* type of support for it. Now a draft resolution to protect the head-choppers? Russia did the right thing to exercise its veto power.
Paul Merrell

Army Captain Sues Obama For Unconstitutional War Against ISIS - 0 views

  • Most Americans don’t even know how many countries their government is currently bombing (it was at least seven by 2014). Obama dropped 23,144 bombs in Middle Eastern countries in 2015 alone. By that count, you’d think ISIS would be erased from the face of the planet. Instead, more and more “boots” are being placed “on the ground” in Iraq and Syria all the time. Just because no one has said it’s an official “war” doesn’t make it anything less… and people aren’t even paying attention anymore to whether or not the wars our government is waging are actually Constitutional or not. Now an Army Captain with “ISIS Operation Inherent Resolve” stationed at Camp Arifjan, Kuwait has filed a lawsuit against his Commander-in-Chief over the Unconstitutional war Obama is waging against ISIS. “To honor my oath, I am asking the court to tell the president that he must get proper authority from Congress, under the War Powers Resolution, to wage the war against ISIS in Iraq and Syria,” Army Capt. Nathan Michael Smith says in the 53-page document he filed today in the DC US District Court.
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    You have to wonder why it's taken so long for the first U.S. muilitary officer to take legal action to uphold his oath to protectt, defend, and preserve the Constitution. Every officeer in the U.S. military has to know that these undeclared wars without Congressional authorization are unconstitutional.  I expect the counter-argument to be that Congrees has authorized the war on ISIL by passing appropriations for the DoD Overseas Contingency Fund, which the President taps to pay for, inter alia, the war against ISIL. (But not a real war against ISIL, which the U.S. helped create and still supplies with weapons.) The real tragedies here are two-fold: [i] so many other officers did not do the same thing many years ago; and [ii] the lawsuit will be a career-ender for the only officer in the U.S. military with the courage to act to uphold his oath of office.  
Paul Merrell

Remarks by President Obama in Address to the United Nations General Assembly | The Whit... - 0 views

  • Remarks by President Obama in Address to the United Nations General Assembly United Nations General Assembly Hall New York City, New York 10:13 A.M. EDT PRESIDENT OBAMA:  Mr. President, Mr. Secretary General, fellow delegates, ladies and gentlemen:  We come together at a crossroads between war and peace; between disorder and integration; between fear and hope. Around the globe, there are signposts of progress.  The shadow of World War that existed at the founding of this institution has been lifted, and the prospect of war between major powers reduced.  The ranks of member states has more than tripled, and more people live under governments they elected. Hundreds of millions of human beings have been freed from the prison of poverty, with the proportion of those living in extreme poverty cut in half.  And the world economy continues to strengthen after the worst financial crisis of our lives. 
  • And yet there is a pervasive unease in our world -- a sense that the very forces that have brought us together have created new dangers and made it difficult for any single nation to insulate itself from global forces.  As we gather here, an outbreak of Ebola overwhelms public health systems in West Africa and threatens to move rapidly across borders.  Russian aggression in Europe recalls the days when large nations trampled small ones in pursuit of territorial ambition.  The brutality of terrorists in Syria and Iraq forces us to look into the heart of darkness.
  • First, all of us -- big nations and small -- must meet our responsibility to observe and enforce international norms.  We are here because others realized that we gain more from cooperation than conquest. 
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  • Recently, Russia’s actions in Ukraine challenge this post-war order.  Here are the facts.  After the people of Ukraine mobilized popular protests and calls for reform, their corrupt president fled.  Against the will of the government in Kyiv, Crimea was annexed.  Russia poured arms into eastern Ukraine, fueling violent separatists and a conflict that has killed thousands.  When a civilian airliner was shot down from areas that these proxies controlled, they refused to allow access to the crash for days.  When Ukraine started to reassert control over its territory, Russia gave up the pretense of merely supporting the separatists, and moved troops across the border. This is a vision of the world in which might makes right -- a world in which one nation’s borders can be redrawn by another, and civilized people are not allowed to recover the remains of their loved ones because of the truth that might be revealed. America stands for something different.  We believe that right makes might -- that bigger nations should not be able to bully smaller ones, and that people should be able to choose their own future.
  • nd these are simple truths, but they must be defended. America and our allies will support the people of Ukraine as they develop their democracy and economy.  We will reinforce our NATO Allies and uphold our commitment to collective self-defense.  We will impose a cost on Russia for aggression, and we will counter falsehoods with the truth.  And we call upon others to join us on the right side of history -- for while small gains can be won at the barrel of a gun, they will ultimately be turned back if enough voices support the freedom of nations and peoples to make their own decisions. Moreover, a different path is available -- the path of diplomacy and peace, and the ideals this institution is designed to uphold.  The recent cease-fire agreement in Ukraine offers an opening to achieve those objectives.  If Russia takes that path -- a path that for stretches of the post-Cold War period resulted in prosperity for the Russian people -- then we will lift our sanctions and welcome Russia’s role in addressing common challenges.  After all, that’s what the United States and Russia have been able to do in past years -- from reducing our nuclear stockpiles to meeting our obligations under the Nuclear Nonproliferation Treaty, to cooperating to remove and destroy Syria’s declared chemical weapons.  And that’s the kind of cooperation we are prepared to pursue again -- if Russia changes course. 
  • This speaks to a central question of our global age -- whether we will solve our problems together, in a spirit of mutual interest and mutual respect, or whether we descend into the destructive rivalries of the past.  When nations find common ground, not simply based on power, but on principle, then we can make enormous progress.  And I stand before you today committed to investing American strength to working with all nations to address the problems we face in the 21st century.
  • America is pursuing a diplomatic resolution to the Iranian nuclear issue, as part of our commitment to stop the spread of nuclear weapons and pursue the peace and security of a world without them.  And this can only take place if Iran seizes this historic opportunity.  My message to Iran’s leaders and people has been simple and consistent:  Do not let this opportunity pass.  We can reach a solution that meets your energy needs while assuring the world that your program is peaceful.  America is and will continue to be a Pacific power, promoting peace, stability, and the free flow of commerce among nations.  But we will insist that all nations abide by the rules of the road, and resolve their territorial disputes peacefully, consistent with international law. 
  • In other words, on issue after issue, we cannot rely on a rule book written for a different century.  If we lift our eyes beyond our borders -- if we think globally and if we act cooperatively -- we can shape the course of this century, as our predecessors shaped the post-World War II age.  But as we look to the future, one issue risks a cycle of conflict that could derail so much progress, and that is the cancer of violent extremism that has ravaged so many parts of the Muslim world. Of course, terrorism is not new.  Speaking before this Assembly, President Kennedy put it well:  “Terror is not a new weapon,” he said.  “Throughout history it has been used by those who could not prevail, either by persuasion or example.”  In the 20th century, terror was used by all manner of groups who failed to come to power through public support.  But in this century, we have faced a more lethal and ideological brand of terrorists who have perverted one of the world’s great religions.  With access to technology that allows small groups to do great harm, they have embraced a nightmarish vision that would divide the world into adherents and infidels -- killing as many innocent civilians as possible, employing the most brutal methods to intimidate people within their communities.
  • I have made it clear that America will not base our entire foreign policy on reacting to terrorism.  Instead, we’ve waged a focused campaign against al Qaeda and its associated forces -- taking out their leaders, denying them the safe havens they rely on.  At the same time, we have reaffirmed again and again that the United States is not and never will be at war with Islam.  Islam teaches peace.  Muslims the world over aspire to live with dignity and a sense of justice.  And when it comes to America and Islam, there is no us and them, there is only us -- because millions of Muslim Americans are part of the fabric of our country. So we reject any suggestion of a clash of civilizations. Belief in permanent religious war is the misguided refuge of extremists who cannot build or create anything, and therefore peddle only fanaticism and hate.  And it is no exaggeration to say that humanity’s future depends on us uniting against those who would divide us along the fault lines of tribe or sect, race or religion.
  • But this is not simply a matter of words.  Collectively, we must take concrete steps to address the danger posed by religiously motivated fanatics, and the trends that fuel their recruitment.  Moreover, this campaign against extremism goes beyond a narrow security challenge.  For while we’ve degraded methodically core al Qaeda and supported a transition to a sovereign Afghan government, extremist ideology has shifted to other places -- particularly in the Middle East and North Africa, where a quarter of young people have no job, where food and water could grow scarce, where corruption is rampant and sectarian conflicts have become increasingly hard to contain.   As an international community, we must meet this challenge with a focus on four areas.  First, the terrorist group known as ISIL must be degraded and ultimately destroyed.
  • The second:  It is time for the world -- especially Muslim communities -- to explicitly, forcefully, and consistently reject the ideology of organizations like al Qaeda and ISIL.
  • Later today, the Security Council will adopt a resolution that underscores the responsibility of states to counter violent extremism.  But resolutions must be followed by tangible commitments, so we’re accountable when we fall short.  Next year, we should all be prepared to announce the concrete steps that we have taken to counter extremist ideologies in our own countries -- by getting intolerance out of schools, stopping radicalization before it spreads, and promoting institutions and programs that build new bridges of understanding.
  • Third, we must address the cycle of conflict -- especially sectarian conflict -- that creates the conditions that terrorists prey upon.
  • The good news is we also see signs that this tide could be reversed.  We have a new, inclusive government in Baghdad; a new Iraqi Prime Minister welcomed by his neighbors; Lebanese factions rejecting those who try to provoke war.  And these steps must be followed by a broader truce.  Nowhere is this more necessary than Syria.  Together with our partners, America is training and equipping the Syrian opposition to be a counterweight to the terrorists of ISIL and the brutality of the Assad regime.  But the only lasting solution to Syria’s civil war is political -- an inclusive political transition that responds to the legitimate aspirations of all Syrian citizens, regardless of ethnicity, regardless of creed.
  • My fourth and final point is a simple one:  The countries of the Arab and Muslim world must focus on the extraordinary potential of their people -- especially the youth.
  • We recognize as well that leadership will be necessary to address the conflict between Palestinians and Israelis.  As bleak as the landscape appears, America will not give up on the pursuit of peace.  Understand, the situation in Iraq and Syria and Libya should cure anybody of the illusion that the Arab-Israeli conflict is the main source of problems in the region.  For far too long, that's been used as an excuse to distract people from problems at home.  The violence engulfing the region today has made too many Israelis ready to abandon the hard work of peace.  And that's something worthy of reflection within Israel.
  • Because let’s be clear:  The status quo in the West Bank and Gaza is not sustainable.  We cannot afford to turn away from this effort -- not when rockets are fired at innocent Israelis, or the lives of so many Palestinian children are taken from us in Gaza. So long as I am President, we will stand up for the principle that Israelis, Palestinians, the region and the world will be more just and more safe with two states living side by side, in peace and security. So this is what America is prepared to do:  Taking action against immediate threats, while pursuing a world in which the need for such action is diminished.  The United States will never shy away from defending our interests, but we will also not shy away from the promise of this institution and its Universal Declaration of Human Rights -- the notion that peace is not merely the absence of war, but the presence of a better life. 
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    Epic hypocrisy. He bows to international law while waging multiple wars in direct defiance of it. And that's just in the first few paragraphs. It gets worse the farther he gets in his speech.
Paul Merrell

War Powers Resolution - Wikipedia, the free encyclopedia - 0 views

  • The War Powers Resolution of 1973 (50 U.S.C. 1541-1548)[1] is a federal law intended to check the President's power to commit the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the President can send U.S. armed forces into action abroad only by authorization of Congress or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.
Paul Merrell

UN Backs Russia's War on US-Backed Syria Terrorists - 0 views

  • Russia’s diplomats have been as busy as Russia’s military.They have now obtained UN Security Council as well as Syrian government approval for Russia’s military campaign.They have also got the UN Security Council to scotch the myth of the “moderate jihadis” once and for all.Back in September, when it became clear the Russians were intending to act in Syria, Russia Insider predicted the Russians would try to get a Resolution from the UN Security Council to give additional legal cover for their military action.This is in contrast to the US, which avoids the Security Council whenever it can, and which usually prefers to act unilaterally without a UN Security Council mandate.Thus US bombing of the Islamic State in Syria was doubly illegal under international law because it was carried out without permission from either the UN Security Council or from the Syrian government.Russia's military action by contrast is completely legal. It has the permission of both the UN Security Council and the Syrian government for it.
  • It took weeks for the Russians to get their Security Council Resolution. This was because the US did everything it could to stand in the way. However, after weeks of hard work, Russia’s diplomats have finally got the Resolution Russia wanted.What changed the position was the terrorist outrage in Paris.  After the Paris attack the French backed Russia’s proposal for a UN Security Council Resolution. At that point the US could no longer block it. The US cannot veto a Resolution backed by its own ally France, especially in the immediate aftermath of a terrorist attack.Something that suggests some people in the US might be unhappy with this development is the absence from the Security Council table of one person who would normally be expected to be there for such an important vote.This was Samantha Power - the US’s UN ambassador - a hardline liberal interventionist and one of the most aggressive voices within the US administration calling for regime change in Syria and confrontation with Russia.  Her relations with Vitaly Churkin, Russia’s exceptionally able UN ambassador, are said to be poisonous (see the photo at the top of this article).It looks as if voting for the Resolution was more than Samantha Power could bear. That probably explains why she stayed away.  In her absence it was left to her deputy, Michele Sison - a career diplomat - to speak and vote for the US.  
  • The full text of the Resolution - which is not limited to Syria - is below.  The UN has also released - along with the full text of the Resolution - a summary of the debate in the Security Council that preceded the vote.The key words in the Resolution are these:
Paul Merrell

'If UN Recognizes Palestine, Israel Must Annex' - Inside Israel - News - Arutz Sheva - 0 views

  • Likud Central Committee chairman Danny Danon, who is challenging Binyamin Netanyahu for leadership of the party, on Saturday night called on Israel to respond to an expected UN recognition of the Palestinian Authority (PA) as the "state of Palestine" by declaring sovereignty in Judea and Samaria. "We must clarify in the clearest terms to the world that every unilateral recognition of a Palestinian state will bring Israeli sovereignty," declared Danon in a meeting with Likud activists in Judea's Gush Etzion region.
  • Erekat announced last Friday that the UN will likely vote on Monday on a unilateral PA resolution, which demands recognition, Israeli withdrawals from eastern Jerusalem, Judea and Samaria by 2017, and prior to that a 12-month deadline for wrapping up negotiations on a final settlement. "If on this coming Monday the UN recognizes a Palestinian state, the state of Israel must respond with unilateral steps (as well), including implementing sovereignty," declared Danon.
  • Two weeks ago the European Parliament voted to recognize "Palestine," following a string of European nations voting to recognize the PA as a state - the parliamentary vote came the same day Hamas was removed from the European Union's (EU) official terrorist organization list on an alleged "technicality."
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    Benjamin Netanyahu is facing difficulties in the new Israeli election because of single-digit popularity ratings. But his Likud Party is still expected to be tapped post-election to form a new ruling coalition. Thus the world needs to worry about who is running against Netanyahu and the positions that person, Danny Danon, takes.  Here, Danon paints himself into the corner of annexing the entire West Bank as Israeli territory if the U.N. Security Council recognizes the Palestinian Authority as the "state of Palestine" in a vote expected on Monday. But he may find himself in a position where he has to face the impact of this statement.  The U.S. has been unusually elusive on whether it will exercise its veto power on the proposed Resolution, saying only that it "does not support" the Resolution, which is diplomaticspeak for "we may abstain from voting."   The Resolution, although presented by the PA, was actually drafted by the French. The EU Parliament just went on record as supporting Palestinian statehood. And there seems to be growing recognition among Israel's friends in the U.S. that the nation needs to be rescued from itself, before the Boycott, Divestment & Sanctions Movement does away with the Israeli state as part of its advocated single-state solution. BDS is approaching the strength of its predecessor organization that broke the back of the apartheid state of South Africa. I would not be surprised if the resolution passes with a U.S. abstention.  If that happens, watch for extreme fireworks in Israel and Palestine. The Israeli settlers in Palestine are violent, radical, and their interests in retaining their settlements rule Israeli politics. The last published draft of the resolution sets a 2017 deadline for conclusion of peace negotiations, borders along the pre-1967 borderline, a freeze on further Israeli colonization of the West Bank, retuirn of water rights, and recognition of an independent Palestine state government.   What Israel wants,
Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
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  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • It is to secure our rights to life and liberty by:
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “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.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • It is to secure our right to liberty by:
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
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    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Paul Merrell

UN Security Council Plans Declaration of War Against ISIS - 0 views

  • Russia's resolution for the creating of an international anti-ISIS coalition has been tabled by the U.N. Security Council because it calls for cooperation with Assad (which of course is “unacceptable”). But France has now proposed a similar resolution, and it's likely to pass: World powers are poised to forge a single resolution at the United Nations Security Council to declare a common war against Isis and “eradicate” jihadists in Iraq and Syria, The Independentunderstands.The attacks in Paris as well as the downing of the Russian jet over the Sinai Peninsula have galvanised a hitherto divided Security Council. And a new reality exists: with its alleged execution this week of a Chinese national, Isis has now slaughtered citizens of all five permanent Security Council members.
  • French officials said they were formally submitting a draft resolution to the Security Council, pushing aside a competing draft offered by Russia earlier this week. It could be adopted as early as Friday or over the weekend. The French manoeuvre reflected confidence that its resolution would not provoke Russian or Chinese vetoes and would thus win approval. The text, shared with the The Independent, calls on member states “with the capacity to do so” to “take all necessary measures, in compliance with international law, in particular international human rights, refugee and humanitarian law, on the territory under the control of Isil [Isis] in Syria and Iraq, to redouble and co-ordinate their efforts to prevent and suppress terrorist acts committed specifically by Isil… and to eradicate the safe haven they have established in Iraq and Syria”.We are in favor of any international, multilateral effort to erradicate psychos with guns. But if this resolution passes, will the U.S. stop “accidentally” delivering weapons to ISIS? Curious minds want to know. 
Paul Merrell

Netanyahu Promises More Settler Homes in Jerusalem If Elected | nsnbc international - 0 views

  • Israeli Prime Minister Benjamin Netanyahu vowed Monday that, if reelected, he will build thousands of settler homes in occupied East Jerusalem to prevent future concessions to Palestinians. Speaking ahead of Tuesday’s general election on a whistle-stop tour of Har Homa, a contentious settlement neighborhood of annexed East Jerusalem, the PM vowed that he would never allow Palestinians to establish a capital in the city’s eastern sector.
  • “I won’t let that happen. My friends and I in Likud will preserve the unity of Jerusalem,” he said of his ruling right-wing party, according to AFP, vowing to prevent any future division of the city by building thousands of new settler homes. “We will continue to build in Jerusalem, we will add thousands of housing units, and in the face of all the (international) pressure, we will persist and continue to develop our eternal capital,” he added. During the 2013 negotiations, Israeli officials announced, and, eventually, carried out in full force, plans to build thousands of additional homes in illegal settlements across the occupied West Bank, while continuing to further seize lands, demolish homes and agricultural resources and, thus, leaving scores of Palestinian families severely disenfranchised and without so much as a roof over their heads to shelter them from inclement weather. Gazans were already surviving on a mere 8 hours per day of electricity when the Palestinian negotiating team finally resigned in protest, in mid-November. Israel, soon after, made quite clear its position on securing peace with Palestinians when Israeli PM Benjamin Netanyahu, during a meeting with young Likud Party supporters, boasted: “I was threatened in Washington: ‘not one brick’ [of settlement construction] … after five years, we built a little more than one brick…”
  • Asked about “peace talks with the Palestinians”, the PM reportedly replied, according to +972 online Israeli magazine: “about the – what?” to which his audience responded with a round of chuckling. Critics of Israel’s aggressively right-wing regime assert that such peace negotiations are simply used as a front for continued settlement expansion and military occupation, noting that settlement activity clearly increases during negotiations, while daily acts of violence against Palestinians, by both Israeli civilians and soldiers alike, remains as of yet unchallenged by the powers that be. Israel seized East Jerusalem in the 1967 Six-Day War and later annexed it in a move never recognized by the international community. Israel refers to both halves of the city as its “united, undivided capital” and does not see construction in the eastern sector as settlement building. Successive Israeli leaders have vowed that Jerusalem will never again be divided — in war or peace.
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    Israel's election is in the morning, although it will take a bit longer to learn who will become the Prime Minister. (Much depends on which party gets the nod from the Israeli President to try to form a ruling coalition; then it takes time tio form one.)  But this campaign promise deserves more credibility than most campaign promises in the U.S.: It's a promiose to do more of what Netanyahu has been doing since he came to power.  Multiple U.N. Security Council regulations have demanded that Israel return to its pre-1967 borders. And the U.N. General Council Resolution that is Israel's claim to legitimacy (although further action that never happened was required to become effective never happened) specifically provided that its allocation of territory to the Israeli government was conditioned on the existing rights of Palestinian within that territory be preserved. Moreover, Israel took Jerusalem (and other lands) during its 1967 Six-Day War. Under the 4th Geneva Convention, Israel was required to withdraw from all occupied territories and to permit all refugees to return to their homes "immediately upon cessation of hostilities." So Obama's campaign promise is a promise to commit a war crime and crime against humanity.  The truly disgusting parts are that: [i] the majority of Israeli Jews support that position; and [ii] the U.S. government even though it routinely calls the eviction of Palestinians in Jerusalem and the West Bank to construct Israeli homes and settlements "illegal", routinely vetoes U.N. Security Council resolutions to bring Israel into compliance with the older S.C. resolutions and international law.   
Paul Merrell

Anne-Marie Slaughter on how US intervention in the Syrian civil war would alter Vladimi... - 0 views

  • Anne-Marie Slaughter, a former director of policy planning in the US State Department (2009-2011), is President and CEO of the New America Foundation and Professor Emerita of Politics and International Affairs at Princeton University.
  • The solution to the crisis in Ukraine lies in part in Syria. It is time for US President Barack Obama to demonstrate that he can order the offensive use of force in circumstances other than secret drone attacks or covert operations. The result will change the strategic calculus not only in Damascus, but also in Moscow, not to mention Beijing and Tokyo.CommentsView/Create comment on this paragraphMany argue that Obama’s climb-down from his threatened missile strikes against Syria last August emboldened Russian President Vladimir Putin to annex Crimea. But it is more likely that Putin acted for domestic reasons – to distract Russians’ attention from their country’s failing economy and to salve the humiliation of watching pro-European demonstrators oust the Ukrainian government he backed.CommentsView/Create comment on this paragraphRegardless of Putin’s initial motivations, he is now operating in an environment in which he is quite certain of the parameters of play. He is weighing the value of further dismemberment of Ukraine, with some pieces either joining Russia or becoming Russian vassal states, against the pain of much stronger and more comprehensive economic sanctions. Western use of force, other than to send arms to a fairly hapless Ukrainian army, is not part of the equation.CommentsView/Create comment on this paragraphThat is a problem. In the case of Syria, the US, the world’s largest and most flexible military power, has chosen to negotiate with its hands tied behind its back for more than three years. This is no less of a mistake in the case of Russia, with a leader like Putin who measures himself and his fellow leaders in terms of crude machismo.
  • It is time to change Putin’s calculations, and Syria is the place to do it. Through a combination of mortars that shatter entire city quarters, starvation, hypothermia, and now barrel bombs that spray nails and shrapnel indiscriminately, President Bashar al-Assad’s forces have seized the advantage. Slowly but surely, the government is reclaiming rebel-held territory.CommentsView/Create comment on this paragraph“Realist” foreign policy analysts openly describe Assad as the lesser evil compared to the Al Qaeda-affiliated members of the opposition; others see an advantage in letting all sides fight it out, tying one another down for years. Moreover, the Syrian government does appear to be slowly giving up its chemical weapons, as it agreed last September to do.CommentsView/Create comment on this paragraphThe problem is that if Assad continues to believe that he can do anything to his people except kill them with chemicals, he will exterminate his opponents, slaughtering everyone he captures and punishing entire communities, just as his father, Hafez al-Assad, massacred the residents of Hama in 1982. He has demonstrated repeatedly that he is cut from the same ruthless cloth.CommentsView/Create comment on this paragraphSince the beginning of the Syrian conflict, Assad has fanned fears of what Sunni opposition forces might do to the Alawites, Druze, Christians and other minorities if they won. But we need not speculate about Assad’s behavior. We have seen enough.
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  • A US strike against the Syrian government now would change the entire dynamic. It would either force the regime back to the negotiating table with a genuine intention of reaching a settlement, or at least make it clear that Assad will not have a free hand in re-establishing his rule.CommentsView/Create comment on this paragraphIt is impossible to strike Syria legally so long as Russia sits on the United Nations Security Council, given its ability to veto any resolution authorizing the use of force. But even Russia agreed in February to Resolution 2139, designed to compel the Syrian government to increase flows of humanitarian aid to starving and wounded civilians. Among other things, Resolution 2139 requires that “all parties immediately cease all attacks against civilians, as well as the indiscriminate employment of weapons in populated areas, including shelling and aerial bombardment, such as the use of barrel bombs….”CommentsView/Create comment on this paragraphThe US, together with as many countries as will cooperate, could use force to eliminate Syria’s fixed-wing aircraft as a first step toward enforcing Resolution 2139. “Aerial bombardment” would still likely continue via helicopter, but such a strike would announce immediately that the game has changed. After the strike, the US, France, and Britain should ask for the Security Council’s approval of the action taken, as they did after NATO’s intervention in Kosovo in 1999.
  • Equally important, shots fired by the US in Syria will echo loudly in Russia. The great irony is that Putin is now seeking to do in Ukraine exactly what Assad has done so successfully: portray a legitimate political opposition as a gang of thugs and terrorists, while relying on provocations and lies to turn non-violent protest into violent attacks that then justify an armed response.CommentsView/Create comment on this paragraphRecall that the Syrian opposition marched peacefully under fire for six months before the first units of the Free Syrian Army tentatively began to form. In Ukraine, Putin would be happy to turn a peaceful opposition’s ouster of a corrupt government into a civil war.CommentsView/Create comment on this paragraphPutin may believe, as Western powers have repeatedly told their own citizens, that NATO forces will never risk the possibility of nuclear war by deploying in Ukraine. Perhaps not. But the Russian forces destabilizing eastern Ukraine wear no insignia. Mystery soldiers can fight on both sides.CommentsView/Create comment on this paragraphPutting force on the table in resolving the Ukraine crisis, even force used in Syria, is particularly important because economic pressure on Russia, as critical as it is in the Western portfolio of responses, can create a perverse incentive for Putin. As the Russian ruble falls and foreign investment dries up, the Russian population will become restive, giving him even more reason to distract them with patriotic spectacles welcoming still more “Russians” back to the motherland.
  • Obama took office with the aim of ending wars, not starting them. But if the US meets bullets with words, tyrants will draw their own conclusions. So will allies; Japan, for example, is now wondering how the US will respond should China manufacture a crisis over the disputed Senkaku Islands.CommentsView/Create comment on this paragraphTo lead effectively, in both the national and the global interest, the US must demonstrate its readiness to shoulder the full responsibilities of power. Striking Syria might not end the civil war there, but it could prevent the eruption of a new one in Ukraine.
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    The author was Hillary Clinton's director of policy planning at the State Dept. She still serves on State's foreign policy advisory board and is well-positioned at the very center of the U.S. War Party. https://en.wikipedia.org/wiki/Anne-Marie_Slaughter#Other_policy.2C_public.2C_and_corporate_activities It's a given that she would likely be back in government should Hillary win Auction 2016. To say that the lady is a hawk after reading this article would be a gross understatement. 
Gary Edwards

The Qatari Deal To Hold The Taliban - The Qataris Have Been Used Before By President Ob... - 1 views

  • Three months, a naval fleet, 3,000 marines, one Billion dollars, and 450 cruise missiles later, it’s May 2011 and Obama had yet to ask for permission to engage in his offensive war from anyone but himself and the previously noted ‘club of the traveling pantsuits’. Despite the Office of Legal Council (the golfers own legal team) telling him approval is needed, he chose to violate the War Powers Act and more importantly the Constitution. It is critical to remember the political battle being waged at the time over whether President Obama had the authority to take “offensive military action”, without congressional approval,  when the threat was not against the United States. It’s critical because from that initial impetus you find the reason why arming the Libyan rebels had to be done by another method – because President Obama never consulted congress, nor sought permission.
  • Normally, in order to send arms to the rebels lawfully, President Obama would have to request approval from Congress. He did not want to do that.   Partly because he was arrogant, and partly because he did not want the politically charged fight that such a request would engage.  It would hamper his ability to take unilateral action in Libya.
  • So an alternate method of arming the rebels needed to be structured.    Enter the State Department, Hillary Clinton, and CIA David Petraeus. Weapons, specifically MANPADS or shoulder fired missiles, would be funneled to the Benghazi rebels by the State Dept, through the CIA under the auspices of ongoing NATO operations.   May, June, July, August, Sept, 2011 this covert process was taking place. It was this covert missile delivery process which later became an issue after Gaddafi was killed.    It was during the recovery of these missiles , and the redeployment/transfer to the now uprising “Syrian Rebels” when Ambassador Chris Stevens was killed on Sept. 11th 2012.
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  • [O]n July 25, 2012, Taliban fighters in Kunar province successfully targeted a US Army CH-47 helicopter with a new generation Stinger missile. They thought they had a surefire kill. But instead of bursting into flames, the Chinook just disappeared into the darkness as the American pilot recovered control of the aircraft and brought it to the ground in a hard landing. The assault team jumped out the open doors and ran clear in case it exploded. Less than 30 seconds later, the Taliban gunner and his comrade erupted into flames as an American gunship overhead locked onto their position and opened fire. The next day, an explosive ordnance disposal team arrived to pick through the wreckage and found unexploded pieces of a missile casing that could only belong to a Stinger missile. Lodged in the right nacelle, they found one fragment that contained an entire serial number. The investigation took time. Arms were twisted, noses put out of joint. But when the results came back, they were stunning: The Stinger tracked back to a lot that had been signed out by the CIA recently, not during the anti-Soviet ­jihad. Reports of the Stinger reached the highest echelons of the US command in Afghanistan and became a source of intense speculation, but no action. Everyone knew the war was winding down. Revealing that the Taliban had US-made Stingers risked demoralizing coalition troops. Because there were no coalition casualties, government officials made no public announcement of the attack. My sources in the US Special Operations community believe the Stinger fired against the Chinook was part of the same lot the CIA turned over to the ­Qataris in early 2011, weapons Hillary Rodham Clinton’s State Department intended for anti-Khadafy forces in Libya. They believe the Qataris delivered between 50 and 60 of those same Stingers to the Taliban in early 2012, and an additional 200 SA-24 Igla-S surface-to-air missiles.  (link)
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    The pieces of the puzzle are slowly coming together, and it isn't pretty. This article connects Qatar, Afghanistan and hero of Benghazi, to the fabulous five terrorist dream team Obama let out of the gitmo prison. Incredible story. excerpt: "How Our Stinger Missiles Wound Up In Afghanistan Being Used Against Our Own Troops: On February 15th 2011 a civil war erupted inside Libya.   Egyptian Islamists previously  freed from jail by the Muslim Brotherhood flooded into Eastern Libya and joined with their ideological counterparts.  al-Qaeda operatives hell bent on using the cover of the Arab Spring to finally rid themselves of their nemesis, Muammar Gaddafi. President Obama chose to ignore an outbreak of violence in Libya for 19 days.  Perhaps Obama was tentative from the criticism he and Hillary received over the mixed messaging in Egypt.  Regardless, eventually Obama was begged to engage himself by leaders from France, The United Kingdom, and Italy. The White House advisors (Emanuel, McDonough, Donolin, Jarrett, Axelrod, Plouffe) were more cautious this time.  Initially Obama ignored the EU requests and later chose to dispatch the Secretary of State, Hillary Clinton, to Europe to address their concerns. "Look, enough with the jokes shorty; you got us into this mess, now the turban heads are laughing at us"… "ah, bot of course, zeah av bullets, no? Vee ave to shoot" For the following 11 days American citizens, including State Dept. embassy officials, were trying to evacuate the country as vast swathes of the country erupted in bloodshed and violence, they became trapped in Tripoli.   A bloody national revolution was underway. The United Nations Security Council held urgent immediate emergency meetings to try to determine what to do.    However, the United States Ambassador to those meetings, Susan Rice, was not present.    She was attending a global warming summit in Africa. Without the U.S. present the United  Natio
Gary Edwards

The End Of The Obama World Order - 0 views

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    "For the past eight years, Barack Obama has been using the power of the U.S. presidency to impose his vision of a progressive world order on the entire globe.  As a result, much of the planet will greatly celebrate once the Obama era officially ends on Friday.  The Obama years brought us the Arab Spring, Benghazi, ISIS, civil war in Syria, civil war in Ukraine and the Iran nuclear deal.  On the home front, we have had to deal with Obamacare, "Fast and Furious", IRS targeting of conservative groups, Solyndra, the VA scandal, NSA spying and the worst "economic recovery" since the end of World War II.  And right at the end of his presidency, Barack Obama has committed the greatest betrayal of Israel in U.S. history and has brought us dangerously close to war with Russia. So is the end of the Obama world order worth celebrating? You better believe it is. Of course Obama and his minions are in a great deal of distress that much of their hard work over the past eight years is about to be undone by Donald Trump.  On Wednesday, Vice President Joe Biden warned the elitists gathered at the World Economic Forum in Davos that their "liberal world order" is in danger of collapsing…     Vice President Joe Biden delivered an epic final speech Wednesday to the elites at the World Economic Forum in Davos, Switzerland.   The gist of his speech was simple: At a time of "uncertainty" we must double down on the values that made Western democracies great, and not allow the "liberal world order" to be torn apart by destructive forces. And without a doubt, we definitely want it to collapse. During his time in the White House, Barack Obama has used the full diplomatic power of the government to promote "abortion rights", "gay rights" and other "liberal values" to the farthest corners of the globe.  Here at home, the appointment of two new Supreme Court justices under Obama paved the way for the Supreme Court decision that forced all 50 state
Paul Merrell

UN votes overwhelmingly on five decisions on the Question of Palestine - 0 views

  • The United Nations General Assembly has overwhelmingly adopted five draft resolutions on the Question of Palestine. This year's number of countries to vote in favour of draft resolutions on the Question of Palestine has increased compared to last year. The draft resolutions are:
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    The only "no" votes on any of the five resolutions were cast by Israel, the United States, Australia, Canada, The Marshall Islands, Micronesia and Palau, the usual nay-sayers when it comes to straightening out the mess between Israel and Palestine. The rest either voted for them or abstained. Israel is truly a pariah nation. The only significant barrier to resolution is the U.S. veto power in the Security Council and its pretense of acting as the mediator of a two-state solution. The U.S. voted in favor of many Security Council resolutions against gross Israeli misconduct before the assassination of Jack Kennedy. Ever since, the U.S. has steadfastly protected Israel on the Security Council. 
Paul Merrell

United Nations Security Council - Veto List - 0 views

  • Security Council - Veto List Security Council - Veto List (in reverse chronological order)
  • Date Draft Meeting Record Agenda Item Permanent Number Casting Negative Vote
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    Very handy record of which nations have vetoed U.N. Security Resolutions, in reverse chronological order. For each draft resolution, gives the date, a link to the draft resolution, a link to the transcript of the meeting, the topic of the agenda item, and the nation(s) exercising their veto power.  Very fast access, for example, to all the draft security council resolutions that the U.S. has vetoed in regard to Israel/Palestine. 
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