From Common Dreams: http://www.commondreams.org/view/2013/08/31
by Ralph Nader
Published on Saturday, August 31, 2013 by Common Dreams
Dear President Obama:
Before you decide to attack Syria, yet another Arab or Islamic country that does not threaten U.S. security, there are certain constitutional “niceties” that you should observe. Chronically violating the Constitution overturns the rule of law and can produce costly blowbacks.
On August 28, you stated that bombing Syria “is not about war, it’s about accountability,” obviously referring to the brutal gassing of neighborhoods outside of Damascus. What about your accountability to receive authorization from Congress which, under Article 1, Section 8, has the sole and exclusive power to declare war? Spare Americans the casuistry of your lawyers who “legalized” your war on Libya, with no declaration, authorization or appropriation of funds from Congress, and pushed the envelope of the “unitary presidency” beyond the unlawful and brazen extremes advocated by George W. Bush and his lawyers.
Nearly 200 members of both parties of Congress – now on its August recess – demanded there be no attack on Syria without Congressional authorization. These signers have so far included 72 Democrats. Merely secretly consulting with some lawmakers on the Intelligence Committees does not substitute for formal Congressional authorization. The framers of our Constitution – whatever their other differences – were unanimous in writing Article 1, Section 8, so that no president could go to war on his own. To do so, as you have already done in the past, would be a major impeachable offense.
The media have reported that your lawyers are searching for legal justification for Tomahawk Missiling Syria. They need look no more – the Constitution clearly rests the power to engage in war with Congress and Congress only. You cannot start another war! You cannot continue to be the prosecutor, judge, jury and executioner anywhere, and at any time.
You may think the foregoing cautious and mere formalities. But the framers held the war-making power in Congress for another reason than just thwarting a latter-day King George III tyranny. They wanted a deliberative open process to avoid reckless presidential decisions that were bad for our country and produced entanglements with warring foreign nations. Remember George Washington’s farewell address on this point – truer today than in his day.
Continue reading at: http://www.commondreams.org/view/2013/08/31
