House Resolutions and Matt Gaetz
You might be forgiven in reading this resolution, H.Con.Res.83, as some sort of binding requirement by Congress. After all, it says right in the title:
Except..... it isn't binding.
It's not a
bill. Congress passes
bills which become
laws when either (1) the President signs them or (2) the President takes no action, in which case the bill becomes law without his signature, or (3) the President vetos them and the House and Senate override the veto.
Laws are binding.
Suggestions and
senses of Congress are not.
The War Powers Resolution is
law, ensconced in 50 USC 1541. Said
law contains a provision for Congress, by
joint Concurrent Resolution, to terminate hostilities, and requires that unless there is some other justification for continuing same (e.g. the existing AUMFs from 2001 and 2002,
which still stand as Congress has refused to remove them) that the President cease such action
sixty days after same commences.
The
House, standing alone, cannot force the President to terminate hostilities.
The House and Senate together can, and in addition after 60 days the authority expires anyway.
So why are we involved in said hostilities over in the Middle East in the first place?
Because the President is operating under
other authorities granted by that very same Congress, and until and unless they revoke same,
or until the Senate also passes an identical resolution, what the House did is non-binding.
Matt Gaetz has taken a lot of crap for voting in the affirmative on this resolution.
Here's the thing:
He's right, no matter whether or not you happen to agree with Trump hitting Iran.
The simple fact of the matter is that Congress has
repeatedly refused to put on the table a strong war resolution
when we have engaged in actual hostilities. They refused to do it in Iraq the second time, they've refused with Afghanistan, they've refused in our involvement in multiple other "skirmishes" and they've refused to do so
in the context of our current operations both in the Middle East and elsewhere. While you can argue that we're not at "war" in those places and weren't in many cases you're kidding yourself -- there have been
hundreds of Americans that have come home in bags and
thousands who have rotated back home missing an arm, leg or otherwise seriously injured. The last time I checked if you're in the military and get shot at or blown up
you probably would consider that "war." I know I would.
So putting Congress on the seat and telling them to
do their ****ing job under the Constitution is a good thing, not a bad one.
Further, AP is reporting that Iraq
has formally requested the withdrawal of US forces from Iraq, even though their PM is a "caretaker" in that he has "resigned."
Nonetheless the formal request to Pompeo to send delegates to Iraq to execute on Parliament's passed resolution is formal notice
and if we honor sovereignty we have a duty to act in accordance with same, irrespective of the fact that the vote was held with a bare minimum quorum and parties boycotting the session. That doesn't matter; under the Iraq Constitution the session was validly constituted, had a quorum and took a valid vote.
We MUST honor it or we are an invading force and that does implicate 50 USC 1541 -- and as a result is a binding requirement on President Trump and our military.
I have no illusions about what our departure will mean.
It has a high probability of leading to Iran invading Iraq. But the Iraqi government
has the right to stand down from a joint defensive posture with the United States
even if by doing so they are taking a severe risk of losing their national identity. It is
not our place to insist otherwise; we have no right to do so
and any claim that we honor the sovereignty of nations requires that we honor a validly-passed resolution telling us to get out.
I
like what has happened here thus far -- a lot. Let's recap:
1. We killed a notorious international terrorist
who intentionally violated UN sanction by traveling outside of Iran and further, had just attempted to sack our Embassy compound in Baghdad.
That ******* had a hand in the death of more than 600 American soldiers, and as far as I'm concerned we should have whacked him a
long time ago. He was a legitimate military target -- period.
2. In response Iran did what Iran usually does, but at the same time they knew damn well that in fact they had to both save face
and stand down, which they did. America could, in an hour, destroy their missile targeting and launching capacity, all their oil refineries and half their electrical grid. The result would be the literal death of their nation.
This would be a legitimate response to any sort of meaningful attack by Iran on US soil or property, including but not limited to any of our embassy installations, any of our military assets in the region or any civilian ship or aircraft operating under a US flag. Under International Law it is perfectly legitimate to meet an Act of War with a responding Act of War
and crippling or destroying the infrastructure required to wage war is legitimate. Iran knows this and that Trump will do it, unlike Obama who himself was a documented Muslim sympathizer and willing to give the Iranian mullahs blowjobs and over a hundred billion dollars, with which they could buy even more missiles and other weaponry instead.
3.
There are members of the State Department who seem to think they have a right to override this declaration by Iraq's Parliament. Not only are they wrong
they're criminally wrong. We have the right to try to
convince Iraq that what they're demanding is to their own detriment
but sovereignty means respecting their right to choose whether we agree or not. Of course public commentary is a different thing than someone's actual position a good part of the time, as negotiation necessarily includes speech and debate, some of which is put forward for public opinion purposes.
4. ISIS is a serious problem, still, even though they no longer hold territory. The precept that many have -- that radical Islamic political groups do not actually seek to capture and hold territory, imposing their political system on that land and the people upon it,
and that they only do these things because we are there and "force" them to, is flat-out bull****. It has been bull**** for a thousand years and may well be bull**** for another thousand.
Very significant parts of the Muslim faith are in fact a political system carrying a religious system on its back and always have been back to the beginning of Islam. Nonetheless until and unless said groups attempt to attack and hold US territory, or commit terrorism on our soil, including but not limited to embassies, flagged conveyances under a US flag (e.g. ships and aircraft), it's not our problem. I'm aware this puts me at odds with all the warmongers and chickenhawks but facts are facts,
especially when we refuse to apply the same sanctions (including troops, bombs, missiles and similar)
to nations like China who are engaging in the same sort of repressive tactics as ISIS is!
5. The long-ago asserted claim that we
had to get involved in this crap because of the energy situation has changed. Credit whoever you'd like but the facts are that we no longer have
any need for Middle Eastern oil. That Europe does
is their problem, not ours. The United States spends nearly $700 billion a year and at least
half of it is being spent protecting
other people's **** instead of our own. If we're going to be responsible for the security of another nation's political system and people
then they must voluntarily cede not only sovereignty but indeed the entirety of political power to us and become a US territory. Until and unless they do all those who claim we should be doing that can shut the **** up as we not only have no obligation to give without receiving
to do so is to effectively claim a vassal state status of such nations by force, which we have no right to do and never did. Voluntarily alliances are fine but everyone must pull their
full weight. Period.
These are all facts folks and departing from Iraq, which would be a very nice set of actions over the next few months, would not only reduce our military spend materially
it will reduce our lives spent as well.
I'm for it.
House Resolutions and Matt Gaetz