MEDIA ADVISORY: The Exclusive Congressional War Power, Iran and Impeachment by Ralph Nader Guest Post

MEDIA ADVISORY: The Exclusive Congressional War Power, Iran and Impeachment MEDIA ADVISORY: THE EXCLUSIVE CONGRESSIONAL WAR POWER, IRAN; AND IMPEACHMENT The Constitution’s exclusive entrustment of the war power in Article 1, section 8, clause 11 (Declare War Clause) governs the legality of President Donald Trump’s belligerence towards Iran as a de facto ally of Israel, i.e., providing intelligence, weapons, and U.S. personnel to man anti-missile systems in Israel. The Declare War Clause operates independently of the anemic War Powers Resolution of 1973 whose constitutionality has never been accepted by any President. The Declare War Clause was universally acclaimed by the Constitution’s authors. None trusted the President with war-making authority. James Madison, father of the Constitution, who also served two terms as President, elaborated: “In no part of the constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not to the executive department. War is in fact the true nurse of executive aggrandizement. In war a physical force is to be created, and it is the executive will which is to direct it. In war the public treasures are to be unlocked, and it is the executive hand which is to dispense them. In war the honors and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed. It is in war, finally, that laurels are to be gathered, and it is the executive brow they are to encircle. The strongest passions, and most dangerous weaknesses of the human breast; ambition, avarice, vanity, the honorable or venial love of fame, are all in conspiracy against the desire and duty of peace.” In 2007, then presidential aspirant Joe Biden shouted on Chris Matthews’ Hard Ball that he would lead a campaign to impeach President George W. Bush if he attacked Iran without a congressional declaration of war. Delegate George Mason at the constitutional convention explained that any attempt to subvert the Constitution would be an impeachable offense. President Trump’s has usurped the war power of Congress in making the United States a belligerent against Iran by systematic provision of intelligence, weapons, advisors, and military personnel in support of Israel’s criminal war of aggression. Mr. Trump tacitly acknowledged American belligerency in boasting, “we now have complete and total control of the skies over Iran” and bugling for Iran’s “unconditional surrender.” Why is no one in Congress introducing an article of impeachment against Mr. Trump for usurping the congressional war power? Isn’t this political poltroonery on an industrial scale? Aren’t the Members violating their oaths of office to preserve, protect, and defend the Constitution of the United States? Presidential usurpation of the Declare War Clause sits at the summit of impeachable offenses. War legalizes what is first degree murder in peacetime. War has the President play prosecutor, judge, jury, and executioner to kill any person on the planet without accountability to Congress, the courts, or the American people. In times of war, the law falls silent. Mr. Trump has unconstitutionally threatened the assassination of Ayatollah Ali Khamenei without a declaration of war.