In the weeks and months ahead, it’s quite possible that you will be asked by President Bush to commence a military attack against the sovereign state of Iran. Those of you in the Pentagon who have been engaged in the war planning for this mission know exactly what I am referring to: a military assault which may involve the use of nuclear weapons against a country that is not an imminent threat to the national security of the United States.
You may believe that you have no option but to obey the order of the President to commence that assault, as he is the Commander in Chief of our nation’s armed forces. I would like you to consider that, in fact, you may have no option but to disobey his order to attack Iran.
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Now for those of you who think that I may be asking you to disregard President Bush’s orders on moral grounds, or pursuant to international law, such as the United Nation’s Charter which forbids wars of aggression, let me disabuse you of that notion.
Those are, indeed, valid reasons to disobey an immoral order to commence the slaughter of millions of Iranian soldiers and civilians, but that is not the basis of my letter to you today. I am well aware that many in the military would not consider violations of international law or qualms of conscience a sufficient justification to disobey a direct order from the President. Indeed, many of you may disagree with me that an attack against Iran’s nuclear facilities would violate international norms, or that such an assault would be per se immoral.
I am well aware that you take the following oath when you join our armed forces . . .
I, [name] , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
or, for Army officers, this oath:
“I, [name], having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.”
. . . and I am not asking you to violate that oath. On the contrary, I am asking you to honor it. Note the language of the oath. It requires you to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” It is the Constitution which you are bound to support and defend, not any man, even the President. The Constitution.
What does the Constitution require before the President can send our military forces into harm’s way? Except in cases of internal rebellion or the invasion of our borders by a foreign power, it requires that he first obtain a Declaration of War by Congress authorizing the use of force against another country:
The Congress shall have Power . . .
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
But what about the War Powers Act that Congress passed in 1973? Doesn’t that expressly authorize the President to introduce our nation’s armed forces into hostilities without a declaration of war? Well, let’s look at the War Powers Act for a moment. Here are its relevant provisions in this regard:
SEC. 2. (b)
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
That’s right. Only the Congress has the power to initiate hostilities when there is no imminent danger of attack. Now despite what some would have us believe, Iran does not pose an imminent risk to our nation. Iran has not attacked our country, our territories, nor any of our military forces. Nor is Iran threatening to launch such attacks in the immediate future.
Therefore, before the President can order an attack on Iran, even an attack against nuclear facilities that he believes are part of a program by Iran’s leaders to obtain nuclear weapons, he must first obtain a declaration of war or other authorization to use force from Congress. He cannot lawfully order any member of our military to engage in war without that authorization.
We are a Republic, not a monarchy or dictatorship. More importantly, we are a Republic founded upon the requirements of law as established in our Constitution. That is the same Constitution which you have sworn an oath to support and defend. Not an oath to the President. Not an oath to any man, or group of men, not even to your superior officers. An oath to the Constitution.
Must you obey the orders of the President? Isn’t that also in your oath? Not if those orders conflict with the Constitution. And commencing a war without authorization by Congress directly conflicts with the the powers given to Congress specified in Article 1, section 8. Remember that: only Congress can order you to war, not the President.
You are not medieval knights, vassals who owe their allegiance to their lord. You are free and independent citizens, limited in your actions only by the laws of our great country. That law requires you to disobey an order to go to war unless Congress has declared war.
Soldiers and Sailors and Airmen, fulfill your oath. President Bush cannot order an attack on Iran, unless he obtains Congressional approval to go to war. Until he does, until he complies with the same Constitution that you and he have both sworn to uphold, you must disobey any order he gives you to attack Iran.
Not should disobey, must.
Sincerely,
Steven D
