War and the Constitution, by Andrew P. Napolitano

The Constitution isn’t perfect, but it once stood imperfectly between citizens and pure tyranny. No more. From Andrew P. Napolitano at lewrockwell.com:

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? Can the United States legally attack an ally?

These questions should be front and center in a debate over the U.S. involvement in Ukraine. Sadly, there has been no great debate. The media are mouthing what the CIA is telling them, and only a few websites and podcasts — my own, “Judging Freedom” on You Tube, among them — are challenging the government’s reckless, immoral, illegal and unconstitutional war.

All power in the federal government comes from the Constitution and from no other source. Congress, however, has managed to extend its reach beyond the confines of the Constitution domestically by spending money in areas that it cannot regulate and purchasing compliance from the states by bribery.

Examples of this are the numerical minimum blood alcohol content to trigger DWI arrests, and maximum speed limits. In both instances, Congress offered money to the states to pave highways provided they lower both numbers, and the cash-strapped states accepted the money along with congressional strings. These are bribes from the criminal consequences of which Congress has exempted itself.

The same takes place in foreign policy. Congress cannot legally declare war on Russia, since there is no militarily-grounded reason for doing so. Russia poses no threat to American national security or American persons or property. Moreover, the U.S. has no treaty with Ukraine that triggers an American military defense. But Congress spends money on war nevertheless.

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