WHAT DOES THE US CONSTITUTION SAY, IF ANYTHING, ABOUT WARS NOT ACTUALLY THREATENING THE CONTINENTIAL US?

 Disclaimer:  The writer is not a Constitutional attorney/specialist, nor is he a lawyer, however, he  has extensive legal experience, acquired over more than five years, litigating two separate 'Legal Malpractice' actions, in Superiors Courts, successfully, acting as his own attorney (In Pro Per).  One Action of which involved the Appellate Court and a State Supreme Court, against a prestigious law firm, which represented one of the defendants, the attorney of record.

He has in addition a good deal of experience, in reading and enforcing contracts, as well as enforcing design and fabrication specifications, in positions of Corporate Director - Quality Assurance (QA), Director - QA and QA - Manager, in the Aircraft and Aerospace industries, both commercial and military.

 The US Constitution is not a complicated document to read, it is written, for the most part, in plain English.  Complications arise only when Courts and lawyers read into the document meanings not intended, and add their self-serving spins, when  writing the individual United States Codes, to serve a particular purpose.

The US constitution can suffer from either of two conditions:

1. People reading it with preconceived ideas (wishful thinking) or,
2. Politicians, the Courts and lawyers, who are unknowing or knowingly misinterpret it, to suit their planned, or completed questionable actions.

The following is the result of the writers reading and research, and may be looked at as an opinion, of one unbiased individual.

 Reference: The US Constitution:

"The Preamble"

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."  Emphasis added.

Defense is the action of defending from or resisting an attack.  It certainly should not include so-called preemptive strikes, often used for Geopolitical reasons, or misguided calculations.    It also should not include wars executed on behalf of other countries, including 'Proxy Wars'.  Equally, it should not include the free supply of weapons and military personnel to other countries, at the expense of the American taxpayer.  In addition, it should not include the supply of military personnel, for the purpose of extracting natural resources from other weaker countries, against their will, again all at the expense of the American taxpayer.

Now, let us look at what the Constitution says, regarding war.

Under Article I. Section Section 8, We find;

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"  Emphasis added.

Comment: Common Defense, means that the Federal Government maintains an army and defends all states, instead of each state having its own army.

 "To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;"

Comment: "When hostile action is taken against the Nation or against its citizens or commerce, the President may resort to force in response. But whether the Constitution empowers the President to commit troops abroad to further national interests absent a declaration of war or specific congressional authorization short of such a declaration has been controversial."  Emphasis added. https://constitution.congress.gov/browse/essay/artI-S8-C11-3/ALDE_00013589/

 For example, hostile action against Ukraine by Russia does not count!  Some nations having Weapons of Mass Destruction (WMD) does not apply either; the US has weapons of Mass Destruction (Nuclear bombs and missiles, etc.), for example.  It must be a hostile action taken against the Nation or against its citizens or commerce, anything else points to a violation of the Constitution.

Because of this narrow and strict Constitutional rule on war, there was always a need for instances, like

• Pearl Harbor
• 9/11
• Constitutionally invalid reasons, like, Possession of  WMD by Iraq and Syria, etc., etc.
  

"To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years;"

"To provide and maintain a Navy:"

"To make Rules for the Government and Regulation of the
land and naval Forces:"

"To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions:"  Emphasis added.

Comment:  Again, the Constitution points to a need for an invasion of the US, in order to call forth the Militia.

"To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;"

Under Section 10, we find:

"No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay."  Emphasis added.

Comment:  It follows, since no state may engage in war, unless actually invaded, or in such imminent Danger as will not admit of delay, the collection of all the states, the US, must abide by this Constitutional command applicable to any and all states.

 

The bottom line is, "... unless actually invaded, or in such imminent Danger as will not admit of delay", the US, according to the Constitution, may not engage in wars.  All these so called military police actions, violate the Constitution, in my opinion. OT

 "These operations include the Korean War, the Vietnam War, Operation Desert Storm, the Afghanistan War of 2001 and the Iraq War of 2002. The U.S. Constitution grants Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article I, Section 8, Clause 11, which names the President Commander-in-Chief of the armed forces. These provisions require cooperation between the President and Congress regarding military affairs, with Congress funding or declaring the operation and the President directing it. Nevertheless, throughout the 20^th and 21^st centuries, Presidents have often engaged in military operations without express Congressional consent," How can the Congress agree with a violation of the Constitution?

https://constitutioncenter.org/media/files/constitution.pdf

You may want to read the Constitution yourself, highly recommended.  Please follow the link below.

https://constitutioncenter.org/media/files/constitution.pdf

 Your comments will be very much appreciated.