[Peace-discuss] JFP alert: Tell Engel His "Backdoor to War" is Unconstitutional

Robert Naiman naiman at justforeignpolicy.org
Mon Oct 14 20:21:58 UTC 2019


---------- Forwarded message ---------
From: Just Foreign Policy <info at justforeignpolicy.org>
Date: Mon, Oct 14, 2019 at 2:48 PM
Subject: Tell Engel His "Backdoor to War" is Unconstitutional
To: <naiman at justforeignpolicy.org>


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*Urge Congress to tell HFAC Chair Eliot Engel that his "backdoor to war" is
unconstitutional. Sign the petition
<http://org.salsalabs.com/dia/track.jsp?v=2&c=I6rlvuOU2h9CsR5L2fpQNvI3z%2FqYuDax>*

Dear Robert,

New York Representative Eliot Engel, Chair of the House Foreign Affairs
Committee, has introduced a bill
<http://org.salsalabs.com/dia/track.jsp?v=2&c=aqraidS77l%2Fv4DNG1or7D%2FI3z%2FqYuDax>
[H.R.
625] that tries to endorse the use of U.S. military force in Syria without
specifically authorizing the use of force as required by Section 8 of the
War Powers Resolution of 1973, which is U.S. law. The purpose of Section
8(a)(1)
<http://org.salsalabs.com/dia/track.jsp?v=2&c=zpvotKNXFHVBgy2CuWYIUoMsW0pGw25k>
of
the War Powers Resolution is to prevent the President from claiming that
Congress has authorized the use of force unless Congress has specifically
and explicitly done so.

[Eliot Engel voted for the Iraq war, opposed President Obama’s Iran nuclear
deal, supported President Trump’s aborted military strike on Iran, was one
of only 16 House Democrats who voted to keep sending cluster bombs to Saudi
Arabia to use in Yemen even after Obama stopped it, and has obstructed
efforts to end unconstitutional U.S. participation in the catastrophic
Saudi war in Yemen.]

Congress has never authorized the use of military force in Syria as
required by Article I of the Constitution and the War Powers Resolution.
Any legal argument for the presence of U.S. troops in Syria was based on
the disputed claim that ISIS was covered by the 2001 authorization for the
use of force against Al Qaeda passed after the September 11 attacks
eighteen years ago. If ISIS is defeated in Syria, that contested claim is
moot. There is no dispute that Congress never authorized force in Syria
against anyone who is not Al Qaeda or their so-called “associated forces.”

If the House passes Engel’s “backdoor to war,” it would threaten future
efforts to use the War Powers Resolution to end and prevent wars by
undermining Section 8 of the War Powers Resolution. The President could
point to any text passed by Congress that any Administration lawyer could
somehow construe as an “authorization of military force” and claim that was
all the “authorization” necessary to use military force. Then it would be
even harder than it is now to force Congress to vote. As we’ve seen in our
efforts to end unconstitutional U.S. participation in the Saudi war in
Yemen, it’s very hard for us to prevent or end wars if we can’t force
Congress to vote.

*Urge Eliot Engel to withdraw his unconstitutional bill to endorse the use
of military force in Syria without authorizing it by signing our petition.*
<http://org.salsalabs.com/dia/track.jsp?v=2&c=%2FTQEruoSM%2F0jqpKRmV2FF%2FI3z%2FqYuDax>
Thanks for all you do to help U.S. foreign policy become more just,

Robert Naiman
Just Foreign Policy


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