By Josh Gelernter
Saturday, November 22, 2014
If President Obama wants to go on bombing the Islamic
State, he ought to ask Congress for a declaration of war. It’s possible he
won’t, but whether he does or he doesn’t, when the Republican majority is
seated, it ought to give him one. There’s a lot at stake. More than meets the
eye.
The Constitution imbues Congress with 18 powers; among
them, the “power . . . to declare war.” This power belongs exclusively to
Congress, and — though the Constitution designates the president “Commander in
Chief of the Army and Navy” — Congress doesn’t have to be asked by the
president to declare war. If Congress supports military action against ISIS, it
ought to say so, and send its declaration to Mr. Obama’s desk. (If Congress is
skittish, it can write a declaration that makes it clear the impetus for war
came from the president.) Congress would thereby save Obama, and the country,
from a tricky legal situation, and that would be good for everyone. But there’s
a bigger picture.
Turning away from ISIS: Last week, while the president
was in China, the People’s Liberation Army debuted its new J-31 stealth fighter
— a cyber-theft copy of our F-35 Joint Strike Fighter. Meanwhile, Russian
bombers have been patrolling the Gulf of Mexico and circling Guam, and probing
Europe’s air defenses on a near-daily basis. According to Pravda, Russia is
preparing a “nuclear surprise for NATO” — “As for tactical nuclear weapons, the
superiority of modern-day Russia over NATO is even stronger. The Americans are
well aware of this. They were convinced before that Russia would never rise
again. Now it is too late.”
China has just finished building an air base on an island
it doesn’t own in the international waters of the South China Sea. Russia has
annexed Crimea, invaded Ukraine, and moved tens of thousands of troops to its
borders with the Baltic states. Japan may delete the defense-only clause from
its constitution and fully re-arm for the first time since the Second World
War, in case it has to go to war with China over uninhabited islands that both
countries claim. For the first time since the Second World War, Germany wants
to start flexing its military muscle; according to the Frankfurter Allgemeine
Zeitung (a very important, conservative German paper), Germany is bidding
“farewell to the post-war German self-diminution in foreign and security
policy.” Nonetheless, Poland is moving its army away from its German border,
toward its eastern border, in case it needs to go to war with Russia. North
Korea has nuclear weapons, and if we do nothing, Iran will soon have nuclear
weapons too.
And in the United States, we’re cutting the defense
budget.
According to a Defense Department news release, if the
sequestration budget cuts continue past the coming fiscal year, “the Army would
be reduced to 420,000 active duty soldiers.” That’s smaller than it has been at
any time since the Second World War. (See a trend here?) “The Marine Corps
would drop to 175,000 active duty personnel. The Air Force would have to
eliminate its entire fleet of KC-10 tankers and shrink its inventory of
unmanned aerial vehicles. The Navy would be forced to mothball six destroyers
and retire an aircraft carrier and its associated air wing. . . . The services
would acquire 17 fewer joint strike fighters, five fewer KC-46 tankers, and six
fewer P-8A [anti-ship, anti-submarine] aircraft. There would also be sharp
cutbacks in many smaller weapons programs and funding for military
construction. . . . Sequester level budgets would result in a military that is
too small to fully meet the requirements of its strategy, thereby significantly
increasing national security risks both in the short- and long-term.”
You might think President Obama is responsible for these
cuts, but you’d be dead wrong: “It isn’t the secretary of defense or the
president doing this,” said Secretary of Defense Chuck Hagel. “It isn’t me
cutting the budget. . . . It’s the Congress’s decision on sequestration.”
Another of Congress’s 18 powers is the power “To raise
and support Armies,” and, as a matter of course, Congress must allocate money
for any war it declares, as a supplement to the peacetime budgets of the Army,
et al.
So, Congress has a chance to make things right. When the
Republicans take over in January, they should give the president what he wants
— or what he says he wants — or what Hagel says he wants: a resolution
authorizing force against ISIS, and, to pay for it, an end to all military
sequestration cuts.
Write your congressman.
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