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Delay the Election? Presidents Often Do Things They Can’t Do

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Ted Rall

Trump Won't Steal the Election, but Your Governor Might | The NationThe 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.)

SYNDICATED COLUMN: Military Service is for Suckers

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Ted Rall

Monday was Memorial Day, when Americans are supposed to remember military veterans, particularly those who made sacrifices — lives, limbs, sanity — fighting our wars.

As usual, rhetoric was abundant. People hung flags. Some placed flowers on military graves. There were parades, including one in which a reporter got hit by a drone. President Obama added an oddly pacifist twist to his annual speech, noting that it was “the first Memorial Day in 14 years that the United States is not engaged in a major ground war.”

Excuse me while I puke.

Talk is nice, but veterans need action. Disgusting but true: when it comes to actual help —spending enough money to make sure they can live with dignity — talk is all the U.S. has to offer.

It isn’t just last year’s scandal at the Veterans Administration, which made vets wait for ages to see a doctor, then faked the books to make itself look responsive — and where a whopping three employees lost their jobs as a result. The Department of Housing and Urban Development estimates that more than 57,000 homeless veterans, some just poor, others suffering from mental illness, sleep on the street on any given night.

The Pentagon can easily afford to solve these problems. But vets aren’t a spending priority. New wars are. For example, we’re fighting a $40 billion-a-year air campaign against ISIS, although the Islamic State can’t attack the U.S. $40 billion is enough to buy every homeless veteran a $700,000 house.

What you might not know is that this isn’t new.

The U.S. has consistently and ruthlessly screwed vets since the beginning. At this point, army recruiters should thank the heavens that American schools don’t teach history; if they did, no one would enlist.

During the Revolutionary War, officers had been promised a pension and half pay for life. After the British were defeated in 1783, however, Congress reneged on its pledge and issued checks for five years pay, period. “If officers felt cheated, enlisted men felt absolutely betrayed…the common soldier got a pat on the back and a shove out the door,” wrote the historian Andrew C. Lannen. “Some soldiers were given land warrants, but it took many years before they became redeemable. “Impoverished veterans in dire need of cash sold them for pennies on the dollar to investors who could afford to wait several years to collect at full value.”

For more than half a century after beating the British, veterans of the War of 1812 got nothing. Finally, as part of a payout to vets of the Mexican War of 1846-1848 — who themselves were made to wait 23 years — the 1812 vets received service pensions in 1871. By then, many had died of their injuries or old age.

Union troops won the Civil War, but that didn’t stop the government from cheating them out of their benefits too. By the end of 1862, the military was only making good on 7% of claims filed by widows and orphans of the fallen. At least 360,000 Union soldiers were killed, leaving close to a million survivors. But 20 years after the war, the pension office only acknowledged receiving 46,000 applications — less than 5% of those eligible.

Though fading from historical memory, the “Bonus Army” was perhaps the most famous example of the American government’s poor treatment of its war heroes.

Repeating the Revolutionary War policy of “I will gladly pay you a thousand Tuesdays from now for your cannon-fodder corpse today,” Congress awarded veterans of World War I service certificates redeemable for pay plus interest — in 1945, more than two decades later. The Great Depression prompted impoverished vets to form a proto-Occupy movement, the Bonus Expeditionary Force.

In 1932, 43,000 Bonus Army members, their families and supporters camped out in Washington to demand that Congress issue immediate payment in cash. Two generals who’d later become notorious hardasses during World War II, Douglas MacArthur and George Patton, led troops to clear out the camps, shooting, burning and injuring hundreds of vets, whom MacArthur smeared as “communists.” Eighteen years after the end of World War I, in 1936, Congress overrode FDR’s veto and paid out the Bonus.

Even those who served in the so-called “good war” got cheated. “According to a VA estimate, only one in seven of the survivors of the nation’s deceased soldiers, sailors, airmen and marines who likely could qualify for the pension actually get the monthly checks,” reported The Charlotte Observer in 2005. These nearly two million survivors include those whose spouses and parents served in World War II, as well as Korea and Vietnam.

Remember this the next time you hear some politician or their media allies claim to “support our troops.”

Support? They don’t even pay them enough to let them sleep inside.

(Ted Rall, syndicated writer and the cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

SYNDICATED COLUMN: We’re Not War Weary. We’re Suspicious.

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Ted Rall

http://www.williambowles.info/iraq/images/fallujah_phosph.jpg

 

Americans Aren’t “War Weary.” Obama is Just Lazy.

Americans, our pundit class has decided, aren’t going along with President Obama’s hard-on for firing cruise missiles into Syrian cities because they’re “war weary.”

Bullshit.

True, the wars have cost us. At 12 years and counting, the illegal and unjustified U.S. occupation of Afghanistan is America’s longest war. We’ve been in Iraq — following one of the most brazen acts of aggressive warfare in our blood-soaked history — for 10. Eight thousand American soldiers have gotten themselves killed; more than 50,000 have been wounded.  (To conform to the journalistic standards of U.S.-based opinion writing, I shan’t mention the hundreds of thousands of Afghans, Iraqis, Pakistanis, Yemenis, Somalis and so on slaughtered by U.S. invasion forces.)

As tragically wasteful as those casualties have been, the price we’ve paid has been low by historical standards. Roughly 700 U.S. combat deaths a year is a drop in the bucket compared to, say, Vietnam (6,000 a year), Korea (12,000) and World War II (100,000). Unlike those earlier conflicts, the post-9/11 war on terrorism has been a remote, irrelevant abstraction to most Americans.

“Our work is appreciated, of that I am certain,” General Mike Mullen, former chairman of the Joints Chief of Staff told members, told graduates at West Point. “But I fear [civilians] do not know us. I fear they do not comprehend the full weight of the burden we carry or the price we pay when we return from battle.” A 2011 Pew Research Center survey found that just a third of Americans aged 18 to 29 have a direct family member who has served in uniform since 9/11 — the lowest rate in memory.

About 2.2 million Americans have served in Afghanistan or Iraq — not much fewer than the 2.7 million who went to Vietnam. The difference is that today’s volunteer military is less broadly representative of American society.

A woman recently introduced me to her brother. “He just got back from Iraq,” she said. “Afghanistan,” he corrected her. His sister! “Thank you for your service,” a man walking told him, without waiting for a reply. The vet’s face hardened. Nobody gets it.

Civilians never did, not fully — but the disconnect was never this big.

“War-weary”? You must first notice something before you can get tired of it.

Until the Syria debate, antiwar liberals like New York Congressman Charles Rangel have been decrying the gap between civilians and the military. His proposed solution? Bring back the draft. Rangel and others reason that if more young people — not just poor, undereducated, underprivileged yokels from the sticks — had “skin in the game,” it would be harder for politicians to start one war after another. “A renewed draft will help bring a greater appreciation of the consequences of decisions to go to war,” Rangel argues. After Obama proposed bombing Syria, Rangel renewed his proposal.

The United States has been at war throughout 90% of its history. I am 50 years old, born a few months before the assassination of JFK; my only peacetime president has been Jimmy Carter. War-weary? Like Orwell’s Oceania, the United States of America is always at war. We love war. War is what America does best, war is what America does most.  War is 54% of the federal budget!

As noted above, there have been relatively few casualties in the wars against Afghanistan and Iraq. Because media coverage has been so sanitized and pro-military, these wars’ gruesome atrocities, the My Lais and napalm attacks — Mahmudiya, Panjwaii, white phosphorus that dissolved people in the battle of Fallujah — have barely been reported, so there have been few Vietnam-type images piped into our living rooms to elicit disgust or guilt. Even the fiscal effects have been deferred; the wars are officially off the books and thus aren’t tallied as part of the budget deficit.

Given how little the current wars have personally affected us, why would we be war-weary?

If Obama doesn’t get his war against Syria, he has no one to blame but himself.

The dude is just lazy.

Think of the list of American wars, just since 1990: the Gulf War, Serbia, Kosovo, Somalia, Afghanistan, Iraq, the drone wars in Pakistan and Yemen, Libya…it isn’t hard to con Americans into a war. Unlike Bush and his warmongering predecessors, however, Obama isn’t willing to do the propaganda work.

These things can’t be rushed. Bush spent a year and a half making his phony case to invade Iraq. Countless speeches, endless bullying, tons of twisted arguments and faked WMD reports.

Obama wanted to go to war four days after the chemical weapons attack outside Damascus. How many Americans were even aware of the story? Remember, this was late summer, peak vacation season. First you tear Americans away from the barbecue, then you get to barbecue the Syrians.

As has been widely noted, Obama’s messaging was all over the place, confusing a public programmed to digest its politics in bumpersticker-length slogans and talking points. Allowing yourself to be seen golfing right after calling for war hardly conveys the requisite sense of menace, much less the urgency of an imminent threat.

When JFK wanted the public to sign off on nuclear brinksmanship with the USSR, he went on television with spy plane photos of Cuba’s missiles. Despite considerable evidence that the rebels or a rogue officer were responsible, Obama says he has proof that the sarin gas attack was ordered by Syrian President Bashar Assad. Yet, unlike Kennedy, he won’t pony up the proof. Why not? As Russian President Vladimir Putin observes, that’s crazy fishy: “Claims that proof exists but is classified and cannot be shown are beneath criticism. If the U.S. says that the al-Assad regime is responsible for that attack and that they have proof, then let them submit it to the U.N. Security Council.”

Militarism is our thing, but Americans need to think their enemies threaten them directly before they’re cool with war.

Team Obama admits that Syria is not a direct or imminent danger to the U.S., but that we must attack them as a deterrent to other supposed future possible maybe enemies, namely Iran and North Korea. No dice. Only one in five Americans buys that. If Iran or North Korea is a threat, then attack those countries, not Syria.

Obama’s verbiage is telling: “I put it before Congress because I could not honestly claim that the threat posed by Assad’s use of chemical weapons on innocent civilians and women and children posed an imminent, direct threat to the United States.”

Could not honestly claim. As opposed to something like this: “Assad’s use of chemical weapons is not an imminent, direct threat, so we have time for a Congressional debate.”

Americans are good at reading between the lines. Another reason — not war-weariness — that Obama might not get his Syria war.

(Ted Rall’s website is tedrall.com. Go there to join the Ted Rall Subscription Service and receive all of Ted’s cartoons and columns by email.)

COPYRIGHT 2013 TED RALL

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