http://www.cqpolitics.com/…

Two former secretaries of State unveiled a plan Tuesday to require better consultation between Congress and the president over sending U.S. troops into war.

The legislation, the product of a blue-ribbon commission headed by James A. Baker III, secretary of State under President George Bush, and Warren Christopher, who held the same office under President Bill Clinton, would establish a joint congressional committee and require that the president consult with its members before sending the military into battle.

“This statute gives Congress a seat at the table in deciding whether or not to go to war — not just a seat at the table, but one with a permanent staff, a permanent professional staff, and access to all the available intelligence information,” Christopher said.

Christopher and Baker urged Congress and a new administration to quickly take up their proposal, and said they had reached out to the campaigns of Sens. Barack Obama , D-Ill., and John McCain , R-Ariz.

The plan also would require Congress to vote on a concurrent resolution to authorize the conflict within 30 days after military action begins. If that resolution fails, it would allow an expedited vote on a joint resolution of disapproval, which would become law only with the president’s signature or over his or her veto.

Any military action expected to last more than a week would require consultation, and formal consultation would continue every two months. If action requires secrecy, the president would have to consult within three days after the action began. Covert operations, humanitarian missions, limited reprisal against terrorists and repelling attacks on the United States would be exempt.

Under the Constitution, only Congress can declare war. However, since the end of World War II, presidents have committed the U.S. military to several conflicts without asking for declarations of war, though in some cases Congress has enacted authorizing resolutions, as it did in the run-up to the war in Iraq. Congress also has the power to limit spending for military operations, though it could be politically difficult to do so once U.S. troops have been committed to a conflict.

The proposal would replace the 1973 War Powers Resolution, which the commission concluded was ineffective at best and unconstitutional at worst.

OHHH. I see what they are saying. Congress does have a say. They just don’t bother to use that power. Nor do they use the power to impeach and try the president for high crimes of going to war without a declaration. Lets take a look at that “Constitution” thing they speak of.

Article 1, Section 8, Clause 11: The Congress shall have the Power To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Article 1, Section 8, Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Article 1, Section 8, Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Article 2, Section 1, Clause 8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Article 2, Section 2, Clause 1: The President shall be 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 may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Article 2, Section 4, Clause 1: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Seems pretty clear to me. “The President shall be 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 the Commander in Chief only when the Congress calls the Army, Navy and/or Militia of the several States into actual service. When can they be called into service? When the Congress declares war, “to execute the Laws of the Union, suppress Insurrections and repel Invasions.” That’s it as far as I can tell.

And what did James Madison say on the topic?

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. Beside the objection to such a mixture to heterogeneous powers, the trust and the temptation would be too great for any one man; not such as nature may offer as the prodigy of many centuries, but such as may be expected in the ordinary successions of magistracy. 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 honours 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 honourable or venial love of fame, are all in conspiracy against the desire and duty of peace.

Hence it has grown into an axiom that the executive is the department of power most distinguished by its propensity to war: hence it is the practice of all states, in proportion as they are free, to disarm this propensity of its influence.

So it seems even more obvious that Congress not only has a say but it is the only voice. Will such a setup as proposed fix anything? I don’t see how. The more strict and constitutional ways for military deployment has failed for decades. This plan has no teeth. Hell, the president can veto the “joint resolution of disapproval.” Even if the president couldn’t what would that do? It’s just a disapproval resolution. It sounds like a UN security council resolution. There is nothing to back it up.

The Bill of Rights, the name for the first 10 amendments of the United States Constitution, came into effect on this day 1791. While many believe the Bill of Rights defines rights which those under the jurisdiction of the federal government of the United States of America it is in fact a list which explicitly restricts the government from infringing on the rights which we all have inherently. They were a compromise between the Federalists and the anti-Federalists where the latter were afraid of a centralized government infringing on the rights which they had just recently fought a war over. There was in fact 12 amendments proposed but only 10 ratified at the time. The 27th amendment which was ratified in 1992 was one of the two which hadn’t made it in 1791.

• First Amendment – Establishment clause, freedom of religion, speech, and press, and peaceable assembly as well as the right to petition the government.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Second Amendment – Right to keep and bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

• Third Amendment – Protection from quartering of troops.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

• Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

• Sixth Amendment – Trial by jury and other rights of the accused.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• Seventh Amendment – Civil trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

• Eighth Amendment – Prohibition of excessive bail, as well as cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

• Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Tenth Amendment – Powers of states and people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

For more information I highly recommend reading James Madison’s notes on the Constitutional Convention of 1787, the Federalist Papers and the Anti-Federalist Papers.

http://www.buckeyefirearms.org/…

Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46.

While very unlikely, one can hope this movement makes it’s way to the northeast. New Jersey and New York have ridiculously strict gun laws compared to many other states. Getting the right to carry is practically impossible.

In this article the author comments on using crime to keep corporations which manufactor National ID cards, provide security and make RFID chips in business. The whole RFID scare is a bit over the top. These things have good uses in shipping and retail. They are also have very short ranges and often require inductance to induce a signal out of it. Having an RFID the size of pepper flakes may sound scary… but when you need to have the receiver less than a foot from the person it’s far less so.