From the Monroe Doctrine to the ongoing blockade of Cuba, the United States has repeatedly exerted and exercised its prerogative to invade any country in its immediate region, up to and including the entire Western hemisphere, if it perceives a threat of any kind, whether real or imagined. So it’s a bit baffling that so many Americans violently deplore Russia’s invasion of Ukraine, which is right along its border, after Ukraine threatened to join NATO, an anti-Russian military alliance.
What if Joe Biden were to admit to Vladimir Putin the obvious truth, that the United States is an expert in all the acts of villainy Russia is committing and accused of in Ukraine? What if he warned Russia that it would suffer the same loss of credibility United States has in criticizing Russia?
The stock response to President Donald Trump’s suggestion that the general election might be delayed because voting during a pandemic would involve a record number of mail-in ballots, a format he argues is unreliable and susceptible to fraud, is that he doesn’t have that power.
NBC News is typical: “The president has no power to delay an election.” [Emphasis is mine.]
What the president understands, and most mainstream commentators fail to accept, is that it is easier to ask for forgiveness than to get permission. That goes double when the powers in question are limited by a document that lies in tatters, repeatedly ignored.
Liberal politicians and news outlets point out that the Constitution assigns the scheduling of elections exclusively to Congress. Republicans tepidly (and troublingly) stopped short of denying Trump’s power to push back the big day, while insisting that the election ought to take place on time. “Never in the history of this country, through wars, depressions and the Civil War, have we ever not had a federally scheduled election on time. We will find a way to do that again this November 3rd,” Senate Majority Leader Mitch McConnell said.
In an era of rampant cynicism it is sweetly naïve and the amusingly charming to see Americans put so much faith into the constitutional checks and balances they learn about in high school civics class. “‘Trump can’t delay the election,’ experts say,” reads a headline in The Washington Post.
Since when has a 221-year-old piece of paper stopped presidents from doing anything?
I think first of war powers. Article 1, Section 8 of the U.S. Constitution clearly states that the right “to declare war” resides exclusively with Congress. Such key founders as George Washington, James Madison, Thomas Jefferson and Alexander Hamilton—men whose right to define original intent can hardly be questioned—believed that presidents could not dispatch troops without legislative approval except in cases of immediate self-defense. Congress signed off on sending soldiers and sailors to the Quasi-War with France in 1798, naval conflicts with the Barbary States of Tripoli and Algiers, and clashes with Native American tribes in the West.
Congress has since abdicated its war-making powers to the executive branch. Congress hasn’t issued a formal declaration since World War II. Yet we have fought countless wars. Presidents have launched military attacks against Korea, Vietnam, Libya, Grenada, Lebanon, Panama, Serbia, Syria, Iraq and Afghanistan. Some of these wars of aggression were legalistically constructed as “police actions” or “peacekeeping missions” under the aegis of the UN. The fact remains, this is not what the drafters of the Constitution intended. And it has never been amended. Presidents do what they want; lawyers twist logic to justify their illegal slaughters.
President Abraham Lincoln earns democracy points for holding the 1864 election during the Civil War. Yet he suspended habeas corpus and ignored a ruling by the chief justice of the U.S. Supreme Court saying that he didn’t have the power to do so. George W. Bush’s Military Commissions Act of 2006 also suspended habeas, for anyone the U.S. government arbitrarily defined as an “enemy combatant.” Until the Supreme Court ruled against him two years later, Congress was complicit with the MCA. Even after the court ruling, the internment facility at Guantánamo Bay remains open; 40 men remain there, not one of whom has ever been charged or tried under basic constitutional standards.
FDR almost certainly didn’t have the constitutional right to send 127,000 Japanese-Americans to internment camps during World War II. Yet he did.
From domestic surveillance by the NSA that violates the agency’s founding charter to asset forfeiture programs that allow the police to seize money and property from people who have never been charged, much less convicted of a crime, Americans live in a society oppressed by a political class that takes no notice of constitutional limits it deems inconvenient.
Does the president have the legal right to delay an election? No.
Does he have the power? Yes, unless We The People refuse to accept it.
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
Self-Delusion and the Cult of Militarism
Memorial Day: our national celebration of charred meat (but the four contractors hung from that bridge in Iraq don’t count).
Hope you enjoyed the weekend.
However, as we begin the countdown to next year’s Warapalooza—only 362 more days before you fire up the grill or, if someone near and dear died in one of our wars, spend the day at the graveyard grumbling about the fact that too few Americans share your sacrifices—I’d like what’s left of the Left to stop missing a golden opportunity to protest, mock and undermine the cult of militarism.
Let’s make Memorial Day 2013 a day to remember all the victims of American warmongering. By all means, shed a tear for the 58,282 American men and women who died for transnational natural gas corporations during the 1960s and 1970s, and a patently absurd “domino theory” in Vietnam. But make sure you cry 35 times more for the 2,000,000-plus Vietnamese men and women our soldiers were sent to kill—people who posed no threat to us, who did us no harm.
Let’s build a wall for America’s war victims in Washington. It’s the least we could do.
That sucker would be big. Huge. Big enough to stimulate the local construction economy.
Hang a flag and place a flower on the grave of one of the draftees too clueless or afraid to evade service, of a rube so ignorant of history and politics that he enlisted to fight in one of our countless optional wars of illegal aggression, of a bloodthirsty thug who seized the chance to commit murder for the state. They were our brothers and sisters and sons and daughters, and we loved them. We miss their unfinished lives.
Our war dead deserve recognition for helping to expand the American empire, and for lining the pockets of the profiteers and their pet politicians.
But worry not: the right-wingers will never let us forget these heroes.
Those of us who stand on the Left have a different duty. We stand for the oppressed, the downtrodden, the abused. We defend the innocent. We care about the underdog.
We on the Left reject the idea of The Other. To us, no life has more or less meaning or value than any other life. Our dead or not worth more than “their” dead. There is no us and them, there is only us.
Her death is not counted by the Obama Administration; still, we mourn the Yemeni woman blown to bits in a Predator drone strike on her home as much as the young man from North Carolina who goes up in an IED blast in Helmand province.
And so we, the Left, ought to declare that Memorial Day 2013 should belong not just to the jingoists and war criminals and patsies, but also to their victims. We should hang banners and march on behalf of the hundreds of thousands of Iraqis and Afghans murdered by U.S. forces since 2001. Call 1-800-Flowers; ask them to deliver a bouquet to a cemetery in Fallujah.
I’m not a pacifist. Some wars—a few wars—must be fought. Invading armies must be resisted.
But not most wars. War is almost always a struggle of the rich and powerful fought by the poor and powerless. War kills, maims, and makes people crazy. It destroys infrastructure. It sucks away resources—money, technology, people—that would be better deployed somewhere else.
Most Americans know this—or they think they do. On a gut level, however, we’re sheepish and embarrassed about the crimes committed in our name. We’re in denial.
It’s understandable. We’re not insane. We’re in a state of cognitive dissonance; we want to be one thing—peace-loving, good people—but we know we’re the opposite—passive, tolerant and fearful of “our government” (which not only can assassinate any one of us at any time, for any reason, but actually asserts the legal right to do so as consistent with the democratic values to which we supposedly adhere).
“Our” leaders feed us mass delusion. “You came home and sometimes were denigrated, when you should have been celebrated,” President Obama told a group of Vietnam vets on the occasion of the 50th anniversary of the start of the war. “It was a national shame, a disgrace that should have never happened.”
And it didn’t.
As historians have proven, no one ever spat on a soldier returning from Vietnam. To the contrary: the antiwar movement was pro-vet (in part because so many servicemen were conscripts). The spat-on-vet story began circulating after—of all things—Sylvester Stallone’s character in “Rambo 2” talked about it. Obama knows, or should know, the truth. He’s old enough to remember.
“You persevered though some of the most brutal conditions ever faced by Americans in war,” Obama went on. “The suffocating heat. The drenching monsoon rains. An enemy that could come out of nowhere and vanish just as quickly.” Why was the weather so tough, the enemy so fierce? Obama left that, along with much else, unsaid: we were invaders and occupiers, half a world away, propping up tyrants in a place where we had no business whatsoever.
And finally, an outrageous claim, one so widely accepted that the media didn’t bother to quote it in news accounts, much less question it: “We hate war. When we fight, we do so to protect ourselves because it’s necessary.”
What a kidder!
We Americans have fought a handful of battles, much less entire wars, to “protect ourselves.” From the Barbary States to Latin America and Cuba to Grenada and Panama and Pakistan and Somalia and Afghanistan and Iraq, the United States military has attacked without just cause, without legal justification, with impunity, 99 percent of the time.
It’s bad enough to live in a nation in thrall to the cult of militarism. It’s worse to lie about it. And it’s insane to believe the lies.
(Ted Rall’s next book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt,” out June 5. His website is tedrall.com.)
COPYRIGHT 2012 TED RALL
The War Powers Act requires the president to get Congressional approval for military action within 90 days. Obama says Libya isn’t a real war because there are no boots on the ground.
