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Obama’s War on Libya: A Constitutional View
by Michael Boldin With military action taking place in Libya right now, the essential question must be asked: Is it even Constitutional? For those of you who don’t want to read more than a sentence...
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Obama’s Libyan Operations are Unconstitutional
You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the rules about how the United States is to enter a...
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Peace and no Entangling Alliances: Did this View Make the Founders a Bunch of...
by Michael Boldin NOTE: Recorded at the close of Tenther Radio Episode 24, the following is a special message from Michael Boldin about next week’s show on Pearl Harbor Day, covering war powers and...
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Obama and Santorum: Two Peas in a War Pod
By: Doug Berge Apparently Rick Santorum is cut from the same fabric as Barack Obama when it comes to congressional declarations of war, as required by the Constitution. On Jan. 9, Republican...
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Constitutional War Powers: A Guard Against Tyranny
In 1787, amidst a sweltering Philadelphia summer and equally heated debates over the proposed constitution, James Madison warned his fellow delegates of the danger that giving the president the power...
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The President and the Power to Declare War
“The Founding Fathers were, as in most things, profoundly right. That’s why I want to be very clear: if the President takes us to [war] without Congressional approval, I will call for his...
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Syria AUMF: It’s Not a Step in the Right Direction
In response to heavy public opposition to a unilateral executive war against Syria (yes, limited strikes on another country are certainly a “war in the legal sense), the Obama administration has given...
View ArticleWhat is a “War” (or, Is that a War You Are Declaring?)
At Balkinization, war-powers expert Stephen Griffin (author of the outstanding Long Wars and the Constitution) argues — or at least suggests — that low-level offensive uses of military force do not...
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War and the Constitution: Declare vs Wage
The Constitution is quite clear on war power. Congress has the power to determine IF the country will wage offensive war and against WHOM. Once that decision is made by the Congress, the President is...
View ArticleAnother Pointless War?
As we watch the collapsing government in Baghdad surrounded by a highly disciplined and serious force of Sunni-oriented fighters that has taken control of the most populous third of the country, we...
View ArticleThe Cancerous Effect of Big Government: How Massive Defense Budgets Drive...
In the United States today, we have bipartisan agreement when it comes to spending money and violating the Constitution. Republicans love to criticize Democrats for their big spending ways. But they...
View ArticleWar Abroad Means More Government at Home
On a superficial level, it would seem America’s wars only affect people and places outside the country’s borders – in the land where the war is waged. However, this is a misguided understanding...
View ArticleWar Presidents to the Left; War Presidents to the Right.
Who was the last American Presidential candidate to campaign on a pro-war platform? No major party candidate, in my lifetime, explicitly campaigned to lead the military into an offensive war....
View ArticleWar: A Tool For Politicians to Centralize Power
War is a vehicle for federal power. Wars and threats of war create opportunities for the federal government to centralize military, economic, and political authority. This is clearly laid out in Walter...
View ArticleFederal Overreach and American Foreign Policy Go Hand-In-Hand
Apologists for the state often argue that criticism of the federal government must not encroach on national defense and foreign affairs. This is particularly true of Republicans, but Democrats are...
View ArticleAmerica: “The Dictatress of the World”
The following article by Jacob G. Hornberger was originally published at the Future of Freedom Foundation. On July 21, 1821, John Quincy Adams, who would go on to become the sixth president of the...
View ArticleThe Cost of America’s Wars Is More than Monetary
When we talk about federal overreach, most people think about domestic issues. They focus on federal actions related to education, healthcare, social policy, guns, religion and so-on. But federal...
View ArticleNew Law Could Subject Civilians to Military Trial
The Washington Post Reports: Private contractors and other civilians serving with U.S. troops in Iraq and Afghanistan could be subject for the first time to military courts-martial under a new federal...
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War, Atrocities, Jurisdiction and Habeas Corpus
In a recent article on Habeas Corpus, it was shown that the 10th Amendment prevented the federal government from suspending Habeas. Why? Because the Constitution only allows for its suspension in very...
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Undeclared War and the Destruction of the Constitution
In reading the Constitution, we can plainly see that Congress possesses the power “to regulate commerce with foreign nations, to raise and support armies, to grant letters of marque and reprisal, to...
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