Wars: To Declare Or Not To Declare

By Michael W. Howell
Senior Writer and Senior Editor at Fighting the Tyranny

At what expense are we going to war on and I am not speaking monetarily, even though that needs to be addressed as well. What I am speaking of when I say the expense is the very thing that the soldiers are supposed to be protecting – the Constitution. How are wars brought about? How are they “approved?” The answer isn’t complicated or hard to understand. It all can be found in the Constitution.

We are told that wars are necessary at times to maintain our way of life from foreign governments and entities that may be a threat to the Republic. We have faced many of these challenges throughout the history of America and very likely will continue to be a target to those that seek to bring her down. So, why don’t we just end it now militarily and be done with it? That is very simple. If we bypass the Constitution then we become no better than those that attempt to destroy our way of life as those acts will very well be a loss of freedom and liberties. It will contribute to many things, but more specifically, a direct usurp of our way of life. And that’s the very thing that wars are meant to protect.

This is a very hot subject and has, and will continue to be talked about for years to come as the direct threats to us grow. So how do we combat this issue, maintain our rights and liberties, and keep the republic safe? This is where the focus needs to be channeled. This is at the very heart of not only keeping us safe but keeping our voice in foreign policy and being resolved to a higher moral ground. The consequences are too grave and the blowback is all too mighty.

Before we talk about the legality and constitutional way to go to war, let’s look at the last declared war. The last war that was brought before Congress for a declaration was World War 2. That means the Korean War, Vietnam War, Bosnia, Desert Storm War, Iraq and even Afghanistan Wars have all been undeclared and by any standard, one would have to come to the conclusion they have been illegal. That’s not an opinion, but one that is based solely on the Constitution.

How does a war become a legal act? What is the right way to go to war and to honor the Constitution? Many have debated this and have weighed in on this. It seems like the issue never gets resolved as the latest “threat” is always at the forefront of the conversation. If it is a real threat to the sovereignty of the Republic, then that should be more of a reason to bring it to the American people, using our representatives in Congress, to let our voice be known. Instead, we have seen a fast track to the process and go quickly into war.

Article 1, Section 8 of the Constitution states “Congress shall have powers……to declare war.”  Some have challenged this and said that there is no “formal declaration” needed for war. If this is true then we really have no power over our elected officials and give them the power, on their own will, to go to war at their choosing. This is a dangerous scenario and will surely lead to globalism, blowback, and finally, eventually, imperialism.

Such is the case in Doe Vs. Bush. The United States Court of Appeals for the First Circuit ruled, “[T]he text of the October Resolution itself spells out the justification for a war and frames itself as an “authorization” of such war.” In effect saying an authorization suffices for declaration and what some may view as a formal Congressional “Declaration of War” was not required by the Constitution.” Let’s break this down as the terminology says it all.

Ask any contract attorney how important words are to a contract and they will reply with the wording is everything. One word that all attorneys look to remove from contracts or keep if it helps them is the word shall. That is a very heavy word and is absolute. Zero wiggle room as the saying goes. The word “may” has that wiggle room and can be challenged. A good example of this is when God handed Moses the Ten Commandments. God used that absolute word – shall. Had God used “may” or even another word along those lines then the commandments from God would and could have been challenged? Shall is absolute and definitive.

Our founding fathers knowing this could have used any word(s) to write the Constitution and when it came to the powers of Congress wanted to be very clear and precise on where they had authority. As well as what was left to the people. This is important for many reasons. One reason is to maintain checks and balance between the people and government, as well as recognizing that they, the government, worked for us, the people. The ruling of The United States Court of Appeals for the First Circuit used the word “may” and continues to be challenged against the Constitution.

Why all the fuss anyway, right? Well as stated above, if we leave the decision to invade or occupy another land solely on the decision of a few people in Congress, whether elected by us or not, then our voice is silenced. We are a Constitutional Republic and speak as one voice when deciding things such as wars and powers of our Congress. This is to prevent special interest, agendas, and globalism. It is because we have forgotten or just not cared that the global agenda has achieved at the rate it has. We have had the power all along. It is time, pass time to exercise it.

The military men and women of this great and mighty Republic take an oath to defend the Constitution against all enemies, both foreign and domestic. A usurping of the Constitution for political, corporate, or personal gain is a threat to our Constitution and national security. It puts us in situations that as a sovereign nation we have no business being in and we never had a voice or opinion on the matter. It also puts our service men and women in harm’s way and pits them against the oath they took. Our first step in supporting the troops needs to be to make sure they are not put in a situation to break their oath. They may be our watchmen, but we need to make sure their actions are right and protected. We can all play a part in this.

Have we really been usurped and if so, what is the reason? Yes, we have. Over and over, too. The reason may very well be for political power, global agenda, central banks, or even for that nation’s resources, but make no mistake there is a reason they are avoiding your voice in going to war. Let’s protect the troops, the constitution, and our way of life for future generations. It is our duty and responsibility to make sure our elected officials not only hear our voice but honor their oath as well.

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