It’s been 5 years since President Bush launched the Iraq War. I opposed it from well before it started, writing numerous editorials against the coming war in 2002 in The Orange County Register, where I then worked.
Why was this war wrong? Let me look at the bigger picture.
Governments, especially modern ones, have immense powers over the people they claim to serve. To control governments somewhat, in most countries that are not tyrannies constraints are put on government power, usually in the form of a written constitution. Ours is the U.S. Constitution.
Our Founding Fathers debated whether to give the war power to the chief executive, the president. They decided against that because he might abuse it. Alexander Hamilton — himself normally a Strong Executive guy — argued in Federalist No. 8:
It is of the nature of war to increase the executive at the expense of the legislative authority.
And he delineates, in Federalist No. 69, why the president’s war-making powers were limited:
The President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union. The king of Great Britain and the governor of New York have at all times the entire command of all the militia within their several jurisdictions. In this article, therefore, the power of the President would be inferior to that of either the monarch or the governor. Second. The President is to be commander-in-chief of the army and navy of the United States. In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.
The U.S. Constitution itself clearly stipulates that Congress and only Congress, has the power:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.
Violating the Constitution
Now, what happened with the Iraq War? In October 2002, Congress passed a bill which said:
The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to
(1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.
On March 19, 2003 — 5 years ago today — President Bush used that authorization to invade Iraq.
Of course, we all know now that Bush’s excuses for going to war were phony. There were no weapons of mass destruction, as the CIA itself later reported. And Saddam Hussein had no ties to al-Qaeda, according to a Pentagon report released just yesterday. As to the United Nations, it never authorized Bush’s action in Iraq.
But let’s return to the bigger picture.
The worst thing any government can do is violate its own supreme law, in our case the U.S. Constitution. An exception would be if the supreme law itself was lawless, as in the case of the Soviet Constitution — or, for that matter, constitutional fugitive slave laws that existed in America before the Civil War.
But that doesn’t apply in this case. The U.S. Constitution as currently written, although not perfect, certainly is a reasonable document for governance.
If a government violates its own supreme law, then it becomes lawless. The Bush administration still cites the October 2002 authorization as adequate for its continuance of the Iraq War. And the Democratic Congress, which was elected in 2006 specifically to stop the war, bears culpability for not repealing the authorization and for continuing to fund the war.
But this still does not get us beyond the most important fact: the October 2002 authorization was not a declaration of war. Even the White House does not maintain that.
As I’ve brought this up with war backers over the past 5 years, they reply that “the October 2002 authorization was adequate” or, “declarations of war are obsolete.”
My response: The last U.S. declarations of war were during World War II against the several Axis powers. Since then we have had no declarations of war, yet we have been at war much of the time, including 3 massive wars in Korea, Vietnam, and Iraq.
The Iraq War has lasted longer than World War II, the Korean War, and the Civil War. And it has cost taxpayers more than any war besides World War II. In Iraq there have been from 23,000 to 100,000 U.S. casualties, including almost 4,000 killed. Estimates of he number of Iraqis killed in the war numbers from 150,000 to 1.2 million. The true number will never be known.
My point is that this is a major war. It isn’t the Mayaguez incident, Desert One, or the Grenada Invasion. And any major war should not have a mere “authorization” by Congress, but a formal declaration of war.
Violating the supreme law has consequences
Thus, the Iraq War is a severe violation of the supreme law of our land, the U.S. Constitution. It is the latest in a long line of presidential usurpations of congressional war powers. But it surely will not be the last. Even now, the Bush administration is preparing the ground for an attack on Iran — again without congressional approval.
If this increase in presidential powers is what is needed by the modern world, or wanted by Americans, then the Constitution should be amended according to the well-known procedure.
But the continued violation of our supreme law should not be allowed to continue by inertia. That has been a major theme of Ron Paul’s presidential campaign. He wrote eloquently about this matter long before his campaign, in his October 2002 statement against the Iraq War authorization bill:
Transferring authority to wage war, calling it permission to use force to fight for peace in order to satisfy the UN Charter, which replaces the Article I, Section 8 war power provision, is about as close to 1984 “newspeak” that we will ever get in the real world.
Such debasements of the Constitution, if carried out long enough, erode the document itself — erode, indeed, our language and the very belief in right or wrong on which any civilized society is based. If the government doesn’t need to follow its own law, why need anyone? If the government violates its own Constitution to use tax money to kill foreigners and get U.S. troops killed, then what’s wrong with citizens stealing and killing?
We’re seeing the fruit of this disengagement from the rule of law in many of the problems we now face: rampant inflation, endless budget deficits and debt, and a looming recession — or depression.
Worst of all, America seems unable to make things right. Public opinion against the Iraq War can’t stop it. The Democratic Congress won’t stop it. It just continues, out there, grinding away at the lives of our troops, our treasury, and our moral fabric.
Recovery
From its inception, the Iraq War has been a disaster for both America and Iraq. As to America, it will take us a long time to recover. We will blame the president and his assistants and advisors. But we also should look in the mirror and blame ourselves. Self-reflection is essential to the recovery from any disaster.
Know thyself, said Socrates. It’s time for America to know herself and to return to her roots in a Constitution that established a government strongly constrained in what it could do abroad or at home.