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Dr. Gary W. Buffington's avatar

Paul,

In perusing this primal scream purportedly representing serious and thoughtful research and analysis, this unbiased reader, after deleting the voluminous tirades of vituperative and slanderous prose, determined that the apparent major premise of this piece was the unfounded assertion that the President of the United States has acted in an unconstitutional manner in ordering the US military to begin combat operations against the Islamic Republic of Iran. The article later states that if declaring this war to be unconstitutional is in error then readers are invited to correct it where it has erred. In the interest of serious and thoughtful dialogue, I will proceed to offer facts in evidence to indicate that the current use of US military power is indeed a constitutional use of Presidential Executive authority.

However, before proceeding, I will gladly acknowledge that this article is correct in its assertion that the United States Congress has the power to declare war under Article I, Section 8 of the Constitution. From the ratification of the Constitution in 1788 until 2021 (the last date for which I have documented factual evidence) the Congress has issued eleven declarations of war on five separate occasions. These are:

18 June 1812 – The United Kingdom of Great Britain and Ireland

13 May 1846 – Mexico

25 April 1898 – Spain

6 April 1917 – Germany and 7 December 1917 – Austria-Hungary

8 December 1941 – Japan; 11 December 1941 – Germany and Italy; 5 June 1942 – Bulgaria, Hungary, and Romania

It must also be pointed out that the President, under Article II, Section 2 of the United States Constitution is the Commander in Chief of the US military with authorities that are operational, immediate, and independent. Just as the Congress does not need Presidential permission, for example, to issue Letters of Marque and Reprisal (Article I, Section 8, Clause 11) neither does the President need the permission of Congress in the form of a declaration of war to act militarily to defend American interests. Indeed, in this same time frame of 1788 to 2021 Presidents of the United States have deployed US military forces in at least 456 combat operations. Among the more significant of these deployments are:

1798-1800: President John Adams and the Quasi War with France

1801-1805: President Thomas Jefferson and the First Barbary Pirates War

1914-1917: President Woodrow Wilson ordering the US Army to invade Mexico

1950-1953: President Harry Truman engaging in a “police action” in Korea

1964-1973: President Lyndon Johnson initiating combat operations in Vietnam

1993-1999: President Bill Clinton ordering US combat operations in Bosnia

2011: President Barrack Obama ordering military operations against Libya

Thus, based on the historical record and established precedent, President Trump has acted well within his constitutional authorities in taking military action against the Islamic Republic of Iran. To insist otherwise would require acknowledging that Presidents Adams, Jefferson, Wilson, Truman, Johnson, Clinton, Obama, and many others as well have all acted in an unconstitutional manner.

In addition to this historical record, there is also Legislative statute: The Third Congress of the United States passed on Feb. 28, 1795, “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions …” which was subsequently signed by President George Washington. The act states that “… whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the state, or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia, as he shall think proper …”

The constitutionality of this act was affirmed by the United States Supreme Court in the case of Martin v. Mott [25 U.S. 19 (1827)]. The case involved Jacob E. Mott, a member of the New York militia, who refused to enter service when called upon by the President during the War of 1812. Mott was fined by a Court Martial for his failure to comply, and his goods were seized to collect the fine. Mott appealed this decision and the case eventually came before the Supreme Court which held that the President had the exclusive authority to decide whether the exigency for calling forth the militia had arisen and that his decision was conclusive upon all other persons.

In reaching this conclusion the Court reasoned that the power to call forth the militia was a high and delicate authority given to the President by Congress under the Act of 1795 as noted above. The Court found that military decisions in times of emergency required prompt and unhesitating obedience, and allowing subordinate officers or militia members to question the President’s judgment would undermine military discipline and efficiency. The Court further stated that the President, as Commander in Chief, was naturally vested with the discretion to determine when such exigencies arose, and his judgment in such matters must be seen as conclusive to avoid jeopardizing public interests. The Court also noted that the requirement for the President to be the sole judge of the exigency was implicit both in the statute and the Constitution, and that any potential abuse of power was checked by the constitutional framework, including elections and accountability to the public.

Thus, in conclusion, based on the United States Constitution, historical precedent, Congressional statute and Supreme Court ruling, President Trump is well within his constitutional authorities to employ military force against the Islamic Republic of Iran.

V/R

Doc B

SOURCES:

https://www.congress.gov/crs_external_products/R/PDF/R42738/R42738.33.pdf

https://tile.loc.gov/storage-services/service/rbc/rbpe/rbpe22/rbpe222/22201300/22201300.pdf

https://www.studicata.com/case-briefs/case/martin-v-mott

https://tile.loc.gov/storage-services/service/ll/usrep/usrep025/usrep025019/usrep025019.pdf

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