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Who Decides About War? What About the People?
A majority of Americans now tell pollsters the mission was a mistake. Ninety-eight members of the House – including liberal Democrats and conservative Republicans – have cosponsored Massachusetts Congressman Jim McGovern's resolution asking the Pentagon to develop an exit strategy.
Unfortunately, the generals who run wars, and the defense contractors who profit from them, want to keep U.S. troops on the ground in that distant land. And President Obama is under pressure to surge tens of thousands of additional U.S. troops into "the graveyard of empires."
The people have wisely turned against an occupation that has cost the United States too many lives and too many hundreds of billions of dollars while only making a bad situation worse for the Afghan people -- especially, according to feminists in Kabul, women.
Unfortunately, the people do not have the power to end wars that they know have gone awry.
So it falls to Congress to demand an exit strategy.
We'll explore the efforts to do that on Friday night in Manhattan, when Nation editor Katrina vanden Heuvel and I join Congressman McGovern for a forum and film screening with filmmaker Robert Greenwald, director of Rethink Afghanistan.
Ramping up support for McGovern's resolution is Job 1 in the struggle to bring the troops home and cede responsibility for Afghanistan to the people who live there – perhaps with an assist from an international entity, such as the United Nations, that can offer peacekeeping and development aid.
The deeper questions raised by the Afghan imbroglio will be explored Friday and Saturday in Washington, where the "Who Decides About War?" conference on war powers, law and democracy is being held at the Georgetown Law School.
The conference is a project of Ben Manski and the Liberty Tree Foundation -- a think tank that actually thinks about new ways to address fundamental issues -- and the "Bring the Guard Home! It's the Law" campaign. With backing from the National Lawyers Guild at Georgetown Law School, Veterans for Peace, Military Families Speak Out, Democrats.com, the Institute for Policy Studies, After Downing Street, CODEPINK-Women for Peace, Iraq Veterans Against the War, the National Coalition for Nonviolent Resistance, Peace Action USA and Progressive Democrats of America, the "Who Decides About War?" call notes, correctly, that, "The wars in Afghanistan and Iraq have revived and deepened longstanding questions about how and by whom war and peace should be decided under our Constitution and in faith with our democratic aspirations."
Manski and his colleagues are asking core questions:
• How can our democracy set in place consistent and durable criteria for considering when or if to use military force, within a broad range of scenarios that might--or might not--challenge national security or threaten world peace?• Are our political institutions sufficiently robust to maintain and apply "consistent and durable" criteria in the face of the unforeseeable circumstances that typically precede the consideration of using military force?
• What is the proper composition, structure, and role of military forces in a modern democracy? Do the U.S. Armed Forces, as currently organized, best serve democracy? How should we respond to the increased reliance of the United States on Private Military Companies?
• When state National Guard units are called into federal military service, should states have a clear and defined role in evaluating whether that call up is proper and in accordance with the law?
• What is the proper balance of forces between the Guard and rest of the Armed Forces? Does the concept of the all-volunteer army need to be revisited, and if so, what are the options for the future?
• How should the decision about going to war be made, serving national security and honoring the constitutional system of checks and balances?
• Has the War Powers Act served its intended purposes, and how should it be updated or replaced?
• What should be the role of Congress in authorizing the use of military force, within a broad range of scenarios that might--or might not--challenge national security or threaten world peace? If the United States commences the use of military force, is there a role for Congress beyond its initial authorization of force and later appropriations in support of the military action? May an authorization for use of military force be conditional, and if so, should the conditions be enforceable? What mode of enforcement should be available?
• Should the scope of the President's Article 2 powers as commander-in-chief be more clearly defined, and if so, how can that clarity be achieved, given that every war is unique and the role of the commander-in-chief hard to define in advance?
The most thought-provoking of the questions may well be this one: "What can we learn from the history of the 1930s-era campaign for a War Referendum Amendment, together with the 1970s-era People Power Over War Amendment, both of which would have established a deliberative national referendum process on war?"
The answer, for those of us who take democracy seriously, is: "A lot!"
First off, we should recognize that, in the relatively recent past there was serious debate in the United States about how the people could be brought into the process of what the founders referred to as "chaining the dogs of war."
The drafters of the Constitution intended to make it impossible for a president to lead the country into war without an explicit declaration from Congress and periodic reviews by the House and Senate to determine whether an international entanglement should continue.
Unfortunately, as America developed what historian Arthur Schlesinger Jr. described to as an "imperial presidency," and as commanders-in-chief began to use their bully pulpits and the full force of modern media to promote their wars of whim – and the endless occupations that are their byproducts – constitutional checks and balances decayed.
As long ago as 1914, when then Secretary of State William Jennings Bryan and Wisconsin Senator Robert M. La Follette were agitating to keep the U.S. out of the European conflict that would become World War I, they began to talk of creating a new check and balance that rested the power to declare most wars in the people.
La Follette's proposal to amend the Constitution to require "a popular referendum before declaring war" would, by 1924, have platform support from both the senator's independent progressive movement and the Democratic Party. It would eventually spawn a formal amendment sponsored in the 1930s by Indiana Congressman Louis Ludlow, which read in Part:
"Except in the event of an invasion of the United States or its Territorial possessions and attack upon its citizens residing therein, the authority of Congress to declare war shall not become effective until confirmed by a majority of all votes cast thereon in a Nation-wide referendum. Congress, when it deems a national crisis to exist, may by concurrent resolution refer the question of war or peace to the citizens of the States, the question to be voted on being, Shall the United States declare war on ________?"
Backed by close to 200 House members, the amendment was, according to a Gallup Poll conducted in 1936, supported by 75 percent of all Americans.
A slightly different amendment, backed by a dozen senators, would have given voters authority to declare or reject war except in the case of "attack by armed forces, actual or immediately threatened…"
Wisconsin Senator Robert M. La Follette Jr. told the Senate in 1939 that the amendment was needed to break the cycle where presidents "lay the groundwork for war" and then at an opportune moment asked Congress "to rubber stamp a declaration of war…"
The idea of giving the people power over war-making was renewed in the 1970s by members of Congress who wanted to prevent future Vietnams. The undeclared Iraq War has inspired dozens of local referendum and town hall meeting votes calling for immediate withdrawal.
And, now, Manski and his compatriots have raised the issue anew – along with Liberty Tree's wise suggestion that states be given greater authority over National Guard deployments to warzones. America has so broken faith with its founding traditions – especially George Washington's encouragement call on the country to avoid entangling alliances – that proposals to check and balance imperial presidents are dismissed as unrealistic. And the idea of resting the power to declare wars with the people who must fight and pay for them are ridiculed.
But if America is ever going to renew its small "r" republican traditions, let alone realize its small "d" democratic potential, it is hard to imagine a better place to begin than with the question: "Who Decides About War?"
- Posted in


20 Comments so far
Show All- So it falls to Congress to demand an exit strategy. -
Why don't Congress and the American people take a look at the insane and daft law that a supine and fearful Congress enacted that started this mess?
Once again, that would be --
Authorization for Use of Military Force
September 18, 2001
Public Law 107-40 [S. J. RES. 23]
Since Congress set the US military goal as preventing future terrorism, how is it going to help if Congress writes letters to the military, demanding they retreat from the battlefield?
How about repealing the daft law?
Good luck with the letter-writing campaign.
Looking for to Pro Peace/Anti-Militarism Action?
http://joethemobilizer.blogspot.com/
See You in the Streets
naahhhh, most americans ain't against our killing of the queda culpable, terrorist taliban, or any other raghead a-rabs quixotic afghanistan offers up. nichlos, m moore, n klein, the intelligentsia, you reading cd now; all move in circles of awareness which is FALSLEY projected upon "most," people.
and blithly ascribing th war's motor, impetus, driving force as the generals and defense contractors (run by, and profit from) is straight misleading. if i'm wrong, then those two actors would be what was behind, what drove forward, the US war on and occpation of Iraq.
if you believe that to be the case, watch films of bldg 7, research PNAC, and hit 9-11.
rainbows full moons love
Azjoe ------- Are you claiming the MIC does not promote war?
These war(s) are probably designed mostly to be an exercise to test armaments and strategies--and make money for the MIC. Perhaps nothing much more than that. To rough-up an easy mark, intimidate & strut our stuff. I propose they had this in mind from the start.
As for the WTC towers coming down, I simply think that after the first attack in the early nineties, charges were set in place in case they were attacked again. I mean, what are they going to do, leave the sight of damaged, blackened, unstable buildings looming over the cityscape-- with glass and steel raining down over the area for weeks? Months? Years? The costs of bringing them down (monetarily and politically) would be enormous. It wasn't an inside job by the government to attack the towers, but there were probably contingency plans to bring them down in case the threats became reality. Perhaps this is the answer. Sounds like a logical thing to do. No?
As for publicizing the threats, warning NYC & the nation, it would simply have in general, cost the economy too much. Who'd want to fly or work in those buildings?
In the end, its all about the money. And humans are collateral damage anyway to these people.
Perhaps we overlook the obvious and logic.
Moonpie
Your argument is confusing. You believe that "charges were set in place in case they [the WTC towers] were attacked again" but yet you think that this was not "an inside job by the government." If, as you state, the WTC was brought down beforehand in the 1990s, then who are you saying planted those charges if it was not done be the government? Are you attempting to claim that this was done by Muslims from the Middle East? To me, that makes absolutely no sense at all as the people who would have had the best access to planting those charges would have been people working in the governmental agencies such as the CIA or any of the other 15 governmental groups connected with the Defense and intelligence departments of this country.
So it falls to Congress to demand an exit strategy. -
WTF - Congress is owned by big business interests!
America needs campaign finance reform to return democracy to the people.
Think tanks that were truly interested in new solutions, aka methods, would be discussing how to bring about a genuine popular democracy using the IT now available. But that is the one question they all avoid.
How do you make decisions about (subject)? The same way you decide anything else, by electronic plebiscites that count ballots cast from home.
The role of Congress? Easy: There is no Congress in a real democracy.
Ho hum, another convention of 'thinkers' to plow the same ground as the previous one, equally fruitless and unimaginative, dragging their clumsy tools through the same old ruts.
Some say Rome fell when it lost the ability to innovate. All the predictable pseudo-intellectual blather won't hide the fact that all these big brains between them have no notion of what to do next, just like Rome.
Sioux Rose
GORSE: There is one problem with the plebiscite. Suppose I work in a boarding school where all the media outlets relate very specific messages. The "authorities" then poll the students as to their beliefs, this after this target group has been thoroughly influenced, if not programmed by these messages. In an open society or educational framework, beliefs might span the full spectrum; however, American society, resembling that boarding school has largely fallen under the influence of a handful of media corporations most of which benefit from war, or those status quo policies that profoundly damage the planet and many persons living on it.
The idea of a well-informed public is CRUCIAL to a functioning democracy or democratic republic, or any other basis for the people's representation. We have quite the contrary, and the deregulation of media has been a major conspirator in creating this dreary outcome. Where alcohol, anti-depressant drugs, and faux food filler are not creating zombies, certainly the MSM is doing its part to train minds to move in lockstep. The image brings to mind all those genes being forced in laboratories to line up, and take their place in formation, courtesy of such moral giants as Monsanto. Remember, the right wing loves to herd its numbers, seeing itself as the dark equivalent of the good shepherd. We cats, on the other hand, understand the benefits of independence... especially when so many are blindly marching towards the abyss, threatening by the sheer momentum produced by their numbers, to drag the rest of us along.
Would a plebiscite in Nazi Germany have shown any serious percentage of dissent once the people fell under thrall to the not so great dictator? The power to shape consent is awesome indeed, and lots of right wing money pockets learned how to use this asset thanks to the "intellectuals" in their corrupted camp.
I unpluged my TV and only surf the net now.
As for our trilogy of wars - send the bills to Unocal and the rest of Cheney's oily cabal.
Your comments are very well taken. I'm aware of all that, but space here precludes anything like a complete exposition of my proposals, which I first put forth in 1964. That is one of the problems with promoting it; it takes a book length piece to do it justice, and I can't imagine any publisher taking it on.
I included a central bureau to gather the info needed before a decision, but also present the pros and cons objectively, the whole broadcast on a public channel, TV and radio. The procedures would be some hybrid of a debating society, and a court of law, with advocates employed by the agency (after specialized college training) assigned by chance to their sides. A judge-like person would rule on matters of evidence and procedure. Advocates would have power of subpoena over evidence and witnesses, with penalties for perjury, etc. A hint of it was broadcast on public TV a long time ago; one of the advocates (the name of the program) was a young Michael Dukakis.)
This is to correct the problem that info gathering is too important to be left to private enterprise, as it now is. The principal charm of this provision is that the big money interests are left out. The First Amendment would remain, but I doubt that special interests would be eager to spend millions on air time without any assurance that the money would not be wasted. I would also amend the law so that such expenditures, like lobbyist salaries, would no longer be deductible as business expense, which is defensible since they are optional spending.
In larger terms, wealth can be castrated only by doing away with delegation of our authority, for it is that which creates the market place in which money influences outcomes. Obviously, votes cast from the home would be secret and therefor not for sale.
We have some assets in all this. The US of A has a lot of people from overseas who are conversant in their native languages and could be sent back there in teams to do research. Maybe we could actually find out what is going on before we have to decide whether to meddle in some foreign adventure. I found it telling that Bush Jr. was unaware that there are two kinds of Muslims and they don't like each other a whole lot.
I also provided for using IT to manage the national agenda democratically to ensure that the issues we deal with are the ones with which most people are concerned; that this isn't so now is a common complaint.
I have long admired your comments and the mind that makes them. Thank you for the thoughtful and cogent reply.
Sioux Rose
GORSE: Thank you for the kind compliment. Back in the l990's an article was published in Harper's related to what was then shaping up as the great giveaway, the opening of bandwidth extended to the already established major broadcast companies. The author of the article (I can't recall his name at the time) argued that before giving away THE PEOPLES' airwaves, some compromises should be put in place. The key one making it incumbent upon these networks to offer 10% of their air time to political candidates. Free, gratis! The beauty of this system would have meant that viable candidates need not whore themselves to big business interests to obtain funds for advertising. It's been shown by high corelation that the more money a candidate spends (and most goes to TV ads added to print media ads) the likelier his/her chances of winning.
Notice this giveaway mirrors the way that $ was given to military weapons' contractors (in covert no-bid, non-competitive contracts)in the run up to the Iraqi war. It's also seen in the absolutely obscene sums given to bankers without any meaningful oversights FIRST put into place. This pattern of giving to the already endowed while the public picks up the expense account/tab has been going on for too long.
I raise this issue because I agree with you. IF the public TRULY heard the various sides of issues, not just how the right wing frames and packages them into neat, little, digestible sound-bites, then the chances of a meaningful public plebiscite would exponentially improve.
The group, what 40%? that would actually consider voting for someone like Sarah Palin, the group that believes the earth is 6000 years old, that Bush was a man of god, that war constitutes god's will, etc. are not necessarily those I feel comfortable being at the mercy of...as per any binding consensus. That's why I raised the analogy to Nazi Germany. I am unsure what percentage of a given population tends to be authoritarian or sheep-like by nature, but it's a scary number. There are probably an equal number (in "percentage points") that can be manipulated, their wills bent to conform to convincing information, even if it's utterly untrue. So what percentage is TRULY independent in its thought process? Able to read information and cull data to arrive at clear, unbiased determinations? Is it 10% 20%
Possible answers (to this number) suggest why the nation's founders had a few covert checks and balances in place ON (or should I say against) the majority rule/will of "the people." It, too, can function as a catch-22!
The Peace department should decide.
Oh, we don't currently have one.
Dennis Kucinich is the only candidate I know or public servant that has proposed a Peace department.
That's because he does not believe our country should profit from other people's suffering and death.
It is the people, not the country or the presidents or congress or dictators, that suffer and die in war.
But that doesn't matter much to the corporations profiting from the suffering and death.
Stop the occupation now.
Support Dennis Kucinich.
Kucinich should be our next President after Obama crashes and burns.
Well looky here. A partial list of our most corrupt congress critters who feed off the flesh of the dead and dying: From the 2009 Most Censored storyies (Sonoma State University's (SSU) Project Censored).
According to the nonpartisan Center for Responsive Politics, over 151 congressional members have invested up to $195 million in major defense contractors, thus profiting from America's imperial wars.
Major investors include:
-- Rep. Rodney Frelinghuysen (R-NJ) - $49.1 million;
-- Senator John Kerry (D-MA) - $38.2 million;
-- Rep. Robin Hayes (R-NC) - $37.1 million;
-- Rep. Fred Upton (R-MI) - $8.4 million;
-- Rep. James Sensenbrenner (R-WI) - $7.6 million;
-- Rep. Jane Harmon (D-CA) - $6.3 million;
-- Rep. Tom Petri (R-WI) - $5.8 million; and
-- Rep. John Carter (R-TX) - $5 million.
I wonder how much these miserable creatures invested in our bailed out banks?
We decide, that's who!
FREE AMERICA
REVOLUTIONARY (DIRECT) DEMOCRACY
Oh, PLEASE!! It is our job to fight and die, not to ask the reason why (to make the world safe for predatory capitalism). Accept your role in a country with a Constitution written by the richest for the richest.
"Should the scope of the President's Article 2 powers as commander-in-chief be more clearly defined . . . ?"
The Constitution clearly states that the prez is to be CiC of the armed forces WHEN IN ACTUAL SERVICE - i.e. after Congress has declared war.
The expansion of the imperial presidency is the method by which the operators of the American Empire bypass the Constitution. The President launches undeclared wars that avoid formal congressional declaration, with the permission of pliant key leaders in Congress who shirk their constitutional function. The War Powers Act was meant to limit undeclared wars (Vietnam, Korea). But those in Congress who support the Empire prevent Congress fromm enforcing the Act. And so the Empire rolls on.