Perhaps the time has come for the Congress of the United States to exercise its constitutional responsibility and declare war on Saddam Hussein's government. While the American people may find it unusual to declare war, it is a contractual responsibility found in the Constitution. President Clinton believes that Saddam Hussein is dangerous to the long-term security of the United States. He has pointed out that Saddam Hussein has boldly used poison gas on citizens of Iraq and Iran. He has attempted to construct nuclear weapons. He has actually constructed biological weapons. He has constructed and bought missiles to deliver biological and chemical weapons as far as 2000 miles. He is expected to soon have missiles that can strike anywhere in the United States. Since Saddam Hussein has shown a willingness to use these weapons on his neighbors, the President believes he is justified in thinking that someday Saddam Hussein might be willing to use them on Americans.
More than half a century has passed since FDR spoke of December 7th, a day "which will live in infamy". Since that time the public seemingly has forgotten the words of its most basic contract. The President's constitutional duties during war are laid out in Article 2, Section 2, Clause 1: "The President shall be Commander in Chief of the Army and Navy of the United States." But, the President's war-making powers are supervised by the Congress as stated in Article 1, Section 8, Clause 11, which states that Congress shall have the right "To declare War (sic)." It further states in Clauses 12 through 14 that Congress shall "raise and support Armies, but no appropriation of money to that use shall be for a longer term than two years; provide and maintain a Navy; make rules for the government and regulation of the land and naval forces." Clause 18 states that Congress shall "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
The President must lay out a self-evident case requiring the use of American military power. The Congress having heard these self-evident reasons must authorize the use of the military by declaring that a state of war exists between the United States and the government of Iraq. If the President uses the military without of a declaration of war, than the Congress has abandoned its constitutional responsibilities. It might as well disband and let the President decide what other laws are or are not to be enforced.
Since the end of World War II, American Presidents have been allowed a larger role in deciding when and where to deploy military assets. Military reaction time in some cases is now so short that Congress no longer has a moment to debate. They have given the President, in his role as Commander-in-Chief, the War Powers Act to respond immediately and protect American interests. But when there is time to debate, as in the current case of Saddam Hussein's Iraq, the Congress should assert its war-making role and decide yes or no.
The Founding Fathers wished to limit the President's war-making ability. That is why they gave only the Congress the power to declare war. They also gave Congress control of the purse strings by declaring that "no appropriation of money to that use shall be for a longer term than two years." The President must come back to Congress regularly to get his 'allowance.'
President Clinton has declared his intention to reduce Saddam Hussein's ability to produce weapons of mass destruction. To accomplish this task the press assumes that the President will use air power and missiles to destroy suspected manufacturing and storage sites. The Secretary of Defense stated at the Columbus/CNN meeting that he is not considering the use of ground troops. The public believes that the objective of this military action should be to 'Kill' Saddam Hussein rather than bomb his people. Yet, no one in the 'legitimate' press has thought to tell the people that they should be demanding that his or her Congressman make a decision and instruct the President as to which course they have decided.
Without a national consensus, President Clinton and the members of his administration may soon be constantly dogged by screaming protesters. If the war with Iraq lasts longer than expected, the President may find his popularity ratings dropping fast. High popularity ratings are currently protecting Mr. Clinton from impeachment talk.
Mr. Clinton would do well to heed the voice of the people. He should go to Congress and get a declaration. Then from the Oval Office, get on television and tell Saddam Hussein that he is the person doing most of the harm to the Iraqi people. Tell the world that he must give up his weapons of mass destruction because we will never allow him to use them on people ever again. Then, look straight into the camera and tell Saddam Hussein that unless he complies immediately, we are coming to get him with all forces necessary. That will have an effect. He does not care if we kill millions of Iraqis. He does care about his personal safety.
If the dictator of Iraq is a threat to the well-being of the United States, then the Congress should declare him an outlaw, declare war, and the President should send the military to bring him back for trial or kill him if he resists.
Lee A. Presser
