11-03-03 War in Libya - in violation of the US Constitution! // Guerra en Libia - en violación de la Constitución de los EE.UU.! // 在利比亚战争 -美国宪法的侵犯！

 

From: "Bob Hurt"

To:
Subject: American Wimps allow King Obama to go to WAR in violation of Constitution limit on presidential powerDate: Sun, 3 Apr 2011 11:51:36

If you do not protest the President’s illegal order to send Americans into a military action against Libya without the permission of Congress (as required by the US Constitution) you thereby invite the President to function as a King, not a president. Congress may NOT delegate the power to declare war (or any of its other powers).  Only Congress may constitutionally authorize “war” or use of military/CIA force in or out of uniform, including insurgency.

Do you like the idea of King Obama ruling over you and wasting your taxes to remove a Muslim tyrant so that an Islamic oligarch might take over in Libya?

Any president’s violation of the power of Congress constitutes grounds for impeachment.  NOT to impeach constitutes treason against the Constitution.

CUSA ARTICLE I, Section 8.

The Congress shall have power …

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

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;

Vattel’s Law of Nations:

 the nation itself cannot make any attempt on the person of the sovereign, except in cases of extreme necessity, and when the prince, by violating the laws, and threatening the safety of his people, puts himself in a state of war against them. It is the person of the sovereign, not that of an unnatural tyrant and a public enemy, that the interest of the nation declares sacred and inviolable

"In the year 1581" (says Grotius, Ann. Book III.) "the confederated provinces of the Netherlands — after having for nine years continued to wage war against Philip the Second, without ceasing to acknowledge him as their sovereign — at length solemnly deprived him of the authority he had possessed over their country, because he had violated their laws and privileges,"

The Federalist No. 69 - The Real Character of the Executive

The President is to be the "commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States. He is to have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment; to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them with respect to the time of adjournment, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed; and to commission all officers of the United States." In most of these particulars, the power of the President will resemble equally that of the king of Great Britain and of the governor of New York. The most material points of difference are these: -- First. The President will have only the occasional command of such part of the militia of the nation as by legislative provision may be called into the actual service of the Union. The king of Great Britain and the governor of New York have at all times the entire command of all the militia within their several jurisdictions. In this article, therefore, the power of the President would be inferior to that of either the monarch or the governor. Second. The President is to be commander-in-chief of the army and navy of the United States. In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies -- all which, by the Constitution under consideration, would appertain to the legislature.¹ 

PUBLIUS

1. A writer in a Pennsylvania paper, under the signature of TAMONY, has asserted that the king of Great Britain oweshis prerogative as commander-in-chief to an annual mutiny bill. The truth is, on the contrary, that his prerogative, in this respect, is immenmorial, and was only disputed, "contrary to all reason and precedent," as Blackstone vol. i., page 262, expresses it, by the Long Parliament of Charles I. but by the statute the 13th of Charles II., chap. 6, it was declared to be in the king alone, for that the sole supreme government and command of the militia within his Majesty's realms and dominions, and of all forces by sea and land, and of all forts and places of strength, EVER WAS AND IS the undoubted right of his Majesty and his royal predecessors, kings and queens of England, and that both or either house of Parliament cannot nor ought to pretend to the same.