I’m not trying to offend our fine men and women in the military. I’m not trying to frustrate those who very honorably serve our great nation. I’m not trying to upset all of those people who are associated with supporting the troops. I am by no means endorsing the radical forces that seek to destroy our country. However, I must confess my dismay at the continual description of the “War on Terror.” To that I ask, “What war on terror?” There is no war!
Now before you stone me and try to remind me of 9/11, let me explain my view and why you should give some consideration to what I’m saying. According to Article 1, Section 8, clause 11, Congress shall have the power to declare war. As far as I know, Congress has not declared a war on terror. Semantics you say? I think not. This is a very important constitutional issue that we are seeing play out right before our very eyes. This “war” on terror has been going on since 2001, over ten years. During that time we have seen an increase in constitutional erosion. Let’s explore: metal detectors at airports, body scan machines at airports, drones killing American citizens overseas, drones flying over the United States, less governmental transparency because of the “war,” and increased Presidential authority over the “war.” Think back to the time before 9/11 and ask yourself whether you would have ever felt comfortable with the government’s increase of search and seizure in the name of “security.” If you are honest you would say that you probably never would have conceived of such things occurring here in the land of the free. However, that is exactly where we have come. Now I know that we live in different times. The world is a scary place. Nevertheless, I believe our constitution has withstood the test of time precisely because we have followed it. I can think of very few times in history when we have seen such gross erosions of constitutional authority.
Congress never declared a war. Because of our feelings of patriotism and insecurity we have abdicated the authority given to Congress to the President. Regardless of the party of the President this is a very dangerous precedent. This is because our founders intended for war to be something that we very thoughtfully involved ourselves in. Not since World War 2 have we had Congress actually declare War. That is problematic in the context of the Constitution given that the only authority to declare war is to be found in Congress. Our congress people have failed by not demanding a return to the constitutional structures in place. Instead, we see Presidents (both parties) taking more and more authority away from the consent of the governed (Congress) and make decisions based on the will of one person. No nation can survive in a state of perpetual war. However, we are raising an entire generation of Americans who know nothing about an America at peace. For those who are 20 years old or less, most of their lives have been programmed to living in a state of war. A war never declared.
“It is well that war is so terrible. We should grow too fond of it.” Robert E. Lee. Unfortunately, it seems that we, as Americans, have grown too fond of this war on terror. We settle for the rhetoric that leads us down the path of continued erosion of our understanding of the constitution. Can any of us clearly identify when the war on terror will end? Can any of us clearly identify our goal in the war on terror? This is precisely why our founders intended for Congress to be the branch to declare War and not the President. Consider the wisdom of President Eisenhower, who saw his fair share of war, when he warned us against the growth of the military industrial complex. https://coursesa.matrix.msu.edu/~hst306/documents/indust.html. The very warnings from the past exist today. Why? Because we have forgotten our first and foremost obligation to constitutional principles.
I have never been accused of being one who advocates pacifism. I have never been accused of being fearful in the face of foreign dangers. What I have been accused of is a constitutionalist. That is one label I’m proud to wear and one that would serve us all well to wear when it comes to assessing the war on terror. When we truly consider the constitutional structures of declaring war and why that power is explicitly given to Congress, we will truly understand how much we are in jeopardy of losing constitutional protections.
Until Next Time,
David A. Standridge
