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U.S. Constitution
See other U.S. Constitution Articles

Title: Romney Says He Wouldn't Need Approval of Congress to Attack Iran
Source: The New American
URL Source: http://www.thenewamerican.com/usnew ... val-of-congress-to-attack-iran
Published: Jun 20, 2012
Author: Written by Joe Wolverton, II
Post Date: 2012-06-20 12:20:38 by SJN
Keywords: None
Views: 35659
Comments: 73

Appearing with Bob Schieffer on Sunday’s Face the Nation, Republican presidential candidate and “presumptive nominee” Mitt Romney said that if he is elected in November, he would not need congressional approval to start a war with Iran.

Specifically, Romney said:

I can assure you if I'm president, the Iranians will have no question but that I will be willing to take military action if necessary to prevent them from becoming a nuclear threat to the world. I don't believe at this stage, therefore, if I'm president that we need to have a war powers approval or special authorization for military force. The president has that capacity now. I understand that some in the Senate for instance have written letters to the president indicating you should know that a containment strategy is unacceptable. We cannot survive a course of action which would include a nuclear Iran, and we must be willing to take any and all actions.

Republicans, particularly those occupying the conservative corner of that big tent, may question how Romney’s stance differs significantly from that of President Obama, who famously exercised these imagined “war powers” to initiate military action in Yemen, Libya, and likely Syria.

In his Six-Month Report of the 2012 War Powers Resolution, President Obama informed Congress that the United States, acting under the ostensible authority of the United Nations, NATO, and the Authorization for the Use of Military Force, is currently conducting military operations in Afghanistan, Iraq, Yemen, Somalia, Republic of South Sudan, the Democratic Republic of the Congo, the Central African Republic, Uganda, Egypt, and Kosovo.

American military intervention in every one of these foreign conflicts came about by order of the president without a congressional declaration of war, in direct violation of the separation of powers and enumeration thereof in the Constitution.

Apparently, a President Romney would retain his predecessor’s predilection for ignoring the Constitution and usurping powers that are not his.

This theory is not some politically motivated assertion by Romney’s rivals or an operative of the Obama reelection campaign. As Daniel Larson explained in the American Conservative:

These are not statements that Romney’s critics are putting into his mouth. No one is speculating about what Romney’s position on Iran might be, and no one is imputing views to him that he doesn’t claim to hold. He is telling the public plainly that he believes the United States cannot survive a containment policy directed against Iran. It is fair to conclude from this that Romney is delusional (or is pretending to be delusional) and cannot be entrusted with the responsibilities of the Presidency.

Larson continued:

Romney obviously does not believe war is a last resort, and he clearly doesn't believe that the Congress has anything to say about attacking Iran. According to Romney, it is something that the president could do tomorrow if he believed it necessary. The Constitution is completely irrelevant to Romney, and so is the consent of the American people expressed through its representatives. No one should have any illusions about how Romney would conduct foreign policy if he is elected.

Curiously, it is one of Romney’s newest supporters that once spoke out eloquently and inspiringly against the sort of dictatorial presidency that Romney is promising to perpetuate. On the floor of the Senate, Senator Rand Paul (R-Ky.) said:

Our Founding Fathers were quite concerned about giving the power to declare war to the Executive. They were quite concerned that the Executive could become like a king. Many in this body cannot get boots on ground fast enough in a variety of places, from Syria to Libya to Iran. We don't just send boots to war. We send our young Americans to war. Our young men and women, our soldiers, deserve thoughtful debate. Before sending our young men and women into combat, we should have a mature and thoughtful debate over the ramifications of and over the authorization of war and over the motives of the war. James Madison wrote that the Constitution supposes what history demonstrates. That the Executive is the branch most interested in war and most prone to it. The Constitution, therefore, with studied care vested that power in the Legislature.

Friends of freedom are hopeful that Senator Paul’s endorsement of Mitt Romney has not cost him his dedication to the Constitution or his opposition to the unconstitutional exercise of “war powers” on the part of the occupant of the White House regardless of the letter after his name.

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#34. To: A K A Stone (#30) (Edited)

The US was *Created* on its own.

Israel was created by the UN...

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-21   9:53:29 ET  Reply   Trace   Private Reply  


#35. To: war (#33)

*Obama* didn't attack Libya...NATO did...

What a cop out. We are part of NATO. Our forces were involved weren't they? So NATO can overrule the constitution. Sometimes you talk a good talk, like what you said earlier. Then you let your liberal partisan ship take over and make silly comments like the above.

A K A Stone  posted on  2012-06-21   9:59:55 ET  Reply   Trace   Private Reply  


#36. To: war (#34)

The US was *Created* on its own.

Israel was created by the UN...

Come on war be honest. If the UN passed a resolution and said that Israel was a natino. It would mean nothing. The fighters on the ground won Israel like the Bible prophesied they would. It isn't their fault the UN came around.

If I used as twisted logic as you I would say Paris created the United States.

A K A Stone  posted on  2012-06-21   10:01:35 ET  Reply   Trace   Private Reply  


#37. To: A K A Stone (#28)

Where did he say that?

He has said such things many times, here is a thread with several examples of his Tory mentality:

Title: PUT ME IN CHARGE.

One post# 3 he says: What was written in the US Constitution about computers, the internet, the FAA, the USAF, the Interstate Highway system, etc., etc., etc.?

On post# 7 he includes ...The powers enumerated in the US Constitution don't cover things that were unkown hundreds of years ago.

Yukon is a fraud, he's as left wing as they come, guy never met a government program he didn't like. He's an enemy of the Constitution, which makes him an enemy of America. Enemies of America should meet the same fate, whether they be in a cave in Afghanistan or single-wide in Alaska.

nativist nationalist  posted on  2012-06-21   12:27:54 ET  Reply   Trace   Private Reply  


#38. To: NewsJunky (#23)

Romney is acting like a Neocon...Romney, on the other hand is, especially with the Neocons whispering in his ear.

Is that supposed to be a NEWSFLASH??

Obama is not a Neocon and is not likely to start a war with Iran.

No, not at all; JUST start a war in a half-dozen OTHER countries in the Middle East and run guns into Mexico under the false flag op, 'Fast & Furious'. That besides being a lying Commie-Fascist Muslim Queer Racist who is totally FUBARing the USA.

Is it your opinion that he's supposed to be better than Romney?

Liberator  posted on  2012-06-21   17:45:17 ET  Reply   Trace   Private Reply  


#39. To: buckeroo (#24)

I like that comment, Liberator just one caveat however: I say Bubba was and *IS* the infamous GWBush.

There is only one original Bubba.

Dubya wouldn't have the temerity to wag his finger at the country, "Aaah NEVER...bla, blah, blah..."

There are so many BUBBAs in the American political CON system though. You can take you pick of presidents and can't go wrong since WW2.

I guess it can be said there have been degrees of "Bubba-ism" since WWII. But somehow, the worst of the lot just happen to be Dems.

Liberator  posted on  2012-06-21   17:51:03 ET  Reply   Trace   Private Reply  


#40. To: Liberator (#39)

I guess it can be said there have been degrees of "Bubba-ism" since WWII.

You just "guess"? What the FUCK? You can't figure the political system out based on the merits of US governance since WW2?

What happened to YOU along the way?

buckeroo  posted on  2012-06-22   0:04:55 ET  Reply   Trace   Private Reply  


#41. To: A K A Stone (#36) (Edited)

If the UN passed a resolution and said that Israel was a nation...

...it's not *if*...it did...and it's pretty easy for a group of organized and well armed fighters to beat up a bunch of nomads and to take over a tourist city with no set population...and even more so when the international community gives tacit approval for that nation to form as it might...

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-22   8:05:16 ET  Reply   Trace   Private Reply  


#42. To: A K A Stone (#35)

What a cop out. We are part of NATO. Our forces were involved weren't they? So NATO can overrule the constitution.

NATO was formed via treaty...read Article VI of the USCON...

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-22   8:08:10 ET  Reply   Trace   Private Reply  


#43. To: war (#42)

Congress still has to declare war.

Can you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses aughority to declare war?

The NATO treaty was set up to defend Europe from the Soviet Union. Not attack Libya.

You are just a partisan hack.

A K A Stone  posted on  2012-06-22   9:00:46 ET  Reply   Trace   Private Reply  


#44. To: buckeroo (#40)

You just "guess"? What the FUCK? You can't figure the political system out based on the merits of US governance since WW2?

What happened to YOU along the way?

I GUESS you're loaded sometimes.

No problem.

Liberator  posted on  2012-06-22   10:50:02 ET  Reply   Trace   Private Reply  


#45. To: A K A Stone, war (#43)

Can you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses aughority to declare war?

The NATO treaty was set up to defend Europe from the Soviet Union. Not attack Libya.

You are just a partisan hack.

Stone, +2

Liberator  posted on  2012-06-22   10:51:02 ET  Reply   Trace   Private Reply  


#46. To: A K A Stone (#43)

Read Article II of the USCON...the armed forces have been called into the service of the US since the mid 19th century.

The Congress gave tacit approval to the POTUS initiating military action when it enacted the War Powers Act:

(c) Presidential executive power as Commander-in-Chief; limitation The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

~~~~

A Treaty, as law, may stand as "specific statutory authorization".

The action in Libya was authorized under UN resolution and the member states of the NATO operated under this authorization. The US ratified the UN Charter and is a member of its Security Council.

There was nothing unlawful or unconstitutional.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   8:54:31 ET  Reply   Trace   Private Reply  


#47. To: A K A Stone (#43)

an you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses authority to declare war?

The Framers, in their infinite wisdom, did not give the House a voice in Treaty ratification.

You are just a partisan hack.

This is why you lose posters. Was the above really a necessary addition to this discussion?

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   8:57:36 ET  Reply   Trace   Private Reply  


#48. To: war (#46)

The Congress gave tacit approval to the POTUS initiating military action when it enacted the War Powers Act:

One congress can't give their power away unless they amend the constitution. They didn't. Unconstitutional.

Now you are making the argument that because one congress illegally gave their power away. It will now take a congress and senate with a super majority to get it back. Bullshit. You are no constitutionalist. You are a word twister and a partisan hack.

A K A Stone  posted on  2012-06-23   9:08:17 ET  Reply   Trace   Private Reply  


#49. To: war (#47)

an you show me the article in the NATO "treaty" that authorizes the Senate to usurp the Houses authority to declare war?

The Framers, in their infinite wisdom, did not give the House a voice in Treaty ratification.

Yes in their wisdom they gave treaty making to the senate. In their wisdom they gave war making to the house. Now answer the question and stop dodging. There is no lawful authorization for anyone but the house to initiate conflict unless it is to repel an attack.

A K A Stone  posted on  2012-06-23   9:09:58 ET  Reply   Trace   Private Reply  


#50. To: war (#47)

You are just a partisan hack.

This is why you lose posters. Was the above really a necessary addition to this discussion?

When you spin you sound like a partisan hack. It wasn't necessary but it was accurate. :). And I actually like you war.

A K A Stone  posted on  2012-06-23   9:10:50 ET  Reply   Trace   Private Reply  


#51. To: war (#46)

The action in Libya was authorized under UN

The UN can stick one of Bin Ladens planes up their asses. They are the enemy and should be destroyed.

The UN is unconstitutional. Anyone for it should get cancer and die.

A K A Stone  posted on  2012-06-23   9:12:09 ET  Reply   Trace   Private Reply  


#52. To: war (#47)

You are just a partisan hack.

This is why you lose posters. Was the above really a necessary addition to this discussion?

Besides I think that is kind of mild compared to other things say.

A K A Stone  posted on  2012-06-23   9:21:39 ET  Reply   Trace   Private Reply  


#53. To: war (#46)

A Treaty, as law, may stand as "specific statutory authorization".

So war is illegal. Thanks for playing.

RENUNCIATION OF WAR Treaty providing for the renunciation of war as an instrument of national policy. Signed at Paris August 27, 1928. Entered into force July 24, 1929. 46 Stat. 2343; TS 796; 2 Bevans 732; 94 LNTS 57. Parties Afghanistan, Albania, Antigua and Barbuda, Australia, Austria, Barbados, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China 1, Colombia, Costa Rica, Cuba, Czech Republic, Czechoslovakia 2, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, Estonia, Ethiopia 3, Fiji, Finland, France, Germany, Greece, Guatemala, Haiti, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Italy, Japan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saudi Arabia, Slovenia, South Africa, Spain, Sweden, Switzerland, Thailand, Turkey, Union of Soviet Socialist Republics 4, United Kingdom, United State s, Venezuela, Yugoslavia 5. Notes 1 Pre-1949 convention, applicable only to Taiwan. 2 See note under CZECHOSLOVAKIA in Section 1. 3 See note under ETHIOPIA in Section 1. 4 See note under UNION OF SOVIET SOCIALIST REPUBLICS in Section 1. 5 See note under YUGOSLAVIA in Section 1.

A K A Stone  posted on  2012-06-23   9:48:28 ET  Reply   Trace   Private Reply  


#54. To: A K A Stone (#48)

One congress can't give their power away unless they amend the constitution.

They didn't give any power away.

Giving power away would have been..."This act empowers the POTUS to declare war."

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   11:14:23 ET  Reply   Trace   Private Reply  


#55. To: A K A Stone (#49) (Edited)

In their wisdom they gave war making to the house.

Nope the Congress.

22 USC § 1928 Is the NATO Treaty in the US Code.

22 U.S.C. § 287d : US Code - Section 287D: Use of armed forces; limitations Search 22 U.S.C. § 287d : US Code - Section 287D: Use of armed forces; limitations

The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d-1 of this title, nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.

Article 42 UN Charter: Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   11:18:38 ET  Reply   Trace   Private Reply  


#56. To: war (#55)

In their wisdom they gave war making to the house.

Nope the Congress.

You didn't know that the House as in House of Representatives is the congress?

A K A Stone  posted on  2012-06-23   11:26:54 ET  Reply   Trace   Private Reply  


#57. To: war (#54)

Why are you afraid to address comment 53?

A K A Stone  posted on  2012-06-23   11:40:19 ET  Reply   Trace   Private Reply  


#58. To: A K A Stone (#56)

The House is PART of Congress...the Senate is PART of Congress.

The Congress is the House and The Senate.

An engine is part of a car but not the car.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   13:44:19 ET  Reply   Trace   Private Reply  


#59. To: war (#58)

The House is PART of Congress...the Senate is PART of Congress.

The Congress is the House and The Senate.

An engine is part of a car but not the car.

You aren't very informed. House Passes Compromise FDA Reauthorization Measure By Timothy R. Homan - Jun 20, 2012 12:51 PM PT

THE HOUSE passed a measure that would reauthorize drug and medical-device user-fee programs for five years and establish new user fees for the Food and Drug Administration’s review of generic drugs and biosimilar products.

“This bill is good for the FDA, it’s good for industry, and it’s good for patients alike,” said Frank Pallone, a Democrat whose district includes the New Brunswick, New Jersey headquarters of Johnson & Johnson. (JNJ)

The legislation, passed by voice vote, also would affect companies like Petach Tikva, Israel-based Teva Pharmaceutical Industries Ltd. (TEVA)

The bill reflects a compromise between earlier SENATE AND HOUSE versions of the reauthorization measure for the FDA. It now returns to the Senate for a final vote.

“This is a bicameral, bipartisan piece of legislation,” Phil Gingrey, a Georgia Republican, SAID ON THE HOUSE FLOOR.

A K A Stone  posted on  2012-06-23   13:49:22 ET  Reply   Trace   Private Reply  


#60. To: war (#58)

Still dodging 53 I see. Go google something and you can cut and paste it here for your opinion if you aren't up to task.

A K A Stone  posted on  2012-06-23   13:50:22 ET  Reply   Trace   Private Reply  


#61. To: A K A Stone (#57)

I'm not afraid of it.

Kellog-Briand is still treaty in effect.

A) The UN Charter modified it internationally.

B) THE US Senate, upon ratification, passed a statement that the US still maintained both the right to self-defense as well as the right to use force against those nations which violated it.

C) The treaty was a pact between nations to renunciate war between themselves. Non signatories are not covered by the pact.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   13:53:45 ET  Reply   Trace   Private Reply  


#62. To: A K A Stone (#59) (Edited)

Guess you missed this part: The bill reflects a compromise between earlier SENATE AND HOUSE versions...It now returns to the Senate for a final vote.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   13:54:30 ET  Reply   Trace   Private Reply  


#63. To: war (#61)

Iran, Iraq,Yugoslavia,

A K A Stone  posted on  2012-06-23   13:57:34 ET  Reply   Trace   Private Reply  


#64. To: A K A Stone (#59)

You do understand that bills require the concurrence of BOTH chambers before it can be passed into law...treaties excepted?

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   13:58:19 ET  Reply   Trace   Private Reply  


#65. To: war (#62)

Yes there are differences between the senate and the house. That is the point. Any clown knows when someone says the house they are referring to the house of representatives.

Also you said they are both congress.

You also said congress is reserved the right to make war or however you worded it.

Lots of contradictions.

Minor stuff I know, but it demonstrates that you use flawed logic.

A K A Stone  posted on  2012-06-23   14:00:04 ET  Reply   Trace   Private Reply  


#66. To: war (#64)

You do understand that bills require the concurrence of BOTH chambers before it can be passed into law...treaties excepted?

You understand that using force except repelling an invasion require only the House of representatives?

A K A Stone  posted on  2012-06-23   14:01:21 ET  Reply   Trace   Private Reply  


#67. To: A K A Stone (#63)

Yugoslavia ceased to exist in 1991...and I agree that Iraq's legality was tenuous...

Iran committed an act of war on the US in 1978. Of course, the US committed and act of war in Iran in 1954...

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   14:02:02 ET  Reply   Trace   Private Reply  


#68. To: A K A Stone (#65) (Edited)

es there are differences between the senate and the house. That is the point. Any clown knows when someone says the house they are referring to the house of representatives.

Also you said they are both congress.

You also said congress is reserved the right to make war or however you worded it.

Lots of contradictions.

Minor stuff I know, but it demonstrates that you use flawed logic.

Article I Section I:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Do you understand what that means?

You also said congress is reserved the right to make war or however you worded it.

This is what YOU said: Yes in their wisdom they gave treaty making to the senate. In their wisdom they gave war making to the house.

You stated that each chamber had a reserve power that the other did not possess. You were correct about the Senate. You were wrong about the House.

My response to "they gave war making to the house" was: Nope the Congress.

Given the plain language of Article I Section I...the Congress is clearly BOTH chambers.

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   14:06:56 ET  Reply   Trace   Private Reply  


#69. To: A K A Stone (#66) (Edited)

You understand that using force except repelling an invasion require only the House of representatives?

I understand no such thing...neither should you...

Article I Section 8:

The Congress shall have power to...declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

~~~~

Nowhere in the above is the House given a reserve power...

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-23   14:08:59 ET  Reply   Trace   Private Reply  


#70. To: A K A Stone (#51)

nyone for it should get cancer and die.

Spoken like a true "Christian".

A movie about the losing VP candidate is called "The Undefeated"?

Bartcoprules  posted on  2012-06-24   15:37:55 ET  Reply   Trace   Private Reply  


#71. To: A K A Stone (#66)

I guess you *quit* and I can declare *SCHOOL'S OUT*?

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-24   21:26:18 ET  Reply   Trace   Private Reply  


#72. To: war (#71)

I'll get back to you later. How you doing tonight anyway?

A K A Stone  posted on  2012-06-24   21:33:46 ET  Reply   Trace   Private Reply  


#73. To: A K A Stone (#72)

Great. Nice end to the great weekend.

You?

I'll believe that a corporation is a person 1 second after Texas executes one...

war  posted on  2012-06-25   7:16:54 ET  Reply   Trace   Private Reply  


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