Article 2 Section 2: Why War is Necessary: Not What you Think

I have just seen another story that misrepresents the whole war powers argument. Both stories I read were from reputable sources and both stated that Article 1 Section 8 clause 11, which states “To declare War,Grant Letters of Marque and reprisal, and make Rules concerning Captures on Land and Water” under the enumerated powers of Congress was end all be all of war. That is not true. When people understand the whole truth it makes much more sense and reveals a lie that has been spread for decades.

Article 2 Section 2 tells the rest of the story. It reads: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States”. That means simply that the President is only the Commander in Chief when there is a war that is declared. The Congress is the one who declares war and they are in charge of the military the rest of the time.

The idea is simple. When there is no war the armed forces should not be deployed. They need no immediate leadership to guide them through important situations. This time would be used organizing and training the troops. But when war is declared, it must be one person who leads the military. War by committee has some awful drawbacks with the most serious being quick decisions that may be needed. It is not that the President was thought to be going to the front lines but there needs to be a civilian authority who oversees the big picture of what needs to be done. He is the one to make the decisions that affect the course of the war effort. The President is also checked by the Congress if he gets out of control. Congress can easily take back control of the military with a vote. This is a major check and balance.

The Founders never envisioned the President being the full time Commander in Chief. The whole idea of the War Powers Act and the use of AUMF (Authorization to Use Military Force) is in violation of the simple meaning of the Constitution. On this point the document is quite clear. It is not convenient for those who want aggressive actions taken, but that is how the Constitution is structured.

When war is declared a number of things change. Enemy combatants become a reality. Interactions with the declared enemy becomes illegal. The rules on the high seas change and many other lawful acts are initiated. There is much upheaval caused when a war is declared in addition to the actual fighting. One other interesting point,  it is recognized that after a declaration of war that the enemies are given a chance to make amends before hostilities can commence.

Washington DC wants it both ways. No declaration of war but a way to initiate hostilities when convenient. A President who is in full time control of the military, taking the burden off of Congress. The power to tell the President when he can go into battle without declaring a war. In this the press has been complicit. How many times have you heard the President referred to as the Commander in Chief? The United States has not declared war since 1941 initiating our entry into WW II. That is the last time a President has rightfully been the CIC.

I write this because President Trump has just taken the action of sending missiles against a sovereign country, Syria. There has been no declaration of war. The United States is supposed to take the high moral road but in this case like so many others as of late we are breaking our own laws to invade a sovereign country. Our blatant statements about regime change are repugnant to this American. Unless it is a threat to the security of our country then American lives nor resources should not be expended. In cases of true threat or where we need to engage in war then we declare war and fight accordingly. We should respect the sovereignty of other countries like we want our sovereignty respected.

Atrocities were committed in Syria. That is not being questioned. What is being questioned is how relevant the Constitution is anymore. I fear for our future if we continue to disregard the Constitution of the United States so often and so completely.


Constitutional Cappuccino- The 2016 Elections Part 1

Here is my latest podcast. I discuss the 2016 election process from a constitutional view. I talk about the continuing fear campaigns being waged by Trump and Clinton and how emerging parties like the Libertarians and the Constitution Party are important to the long term viability of our republic.

Constitutional Cappuccino Podcast- The Conservative Vision

This is podcast 5 from Constitutional Cappuccino. Take a look at past mistakes, add some common sense reform, mix n some SCOTUS wisdom and you have the essence of this podcast. It starts off a bit slow but when it hits its stride some great information and thoughts are given. Enjoy.

The Fear Campaign(s)

Originally this was going to be a prediction about the upcoming 2016 Presidential election. After thinking about the topic and seeing a specific story on my FB feed, I decided my topic was too narrow and didn’t reflect the truth of the matter. Let me explain.

My original idea for this article was that the 2016 election cycle’s theme is fear. We already see it. The right is telling their followers that if you don’t vote for Trump then it is a vote for Hillary and another 8 years of Obama’s policies. On the left, you see the fear card being played and the dialogue of vote for Hillary or you get an out of his mind racist demagogue which will be the destroyer of the United States.

This cycle can go no other way. Hillary has NO accomplishments to tout when it comes to her time in office. Her tenure as a Senator and Secretary of State is inconsequential at best and tainted at worst. Her constant trail of lies and hypocrisy follows her everywhere she goes.

Trump also has a lot of skeletons in his closet. During the primaries the research into Trump’s past was limited. Now we are seeing that scrutiny ramping up. Expect after he gets the nomination (a lot of republicans are trying to block this but that is another story) that this news will be strategically released to  damage his reputation and his campaign.

There is no way to support either of these candidates. Hillary the Incompetent. Trump the Untrustworthy. Hillary the Liar. Trump the Hater. Hillary the Hypocrite. Trump the Hypocrite. You must attack the opponent and pull them down thus raising your candidate up in comparison. There is NO touting your own candidate this year if you are a Republican or Democrat. Welcome to the status quo and the consequences of idiocy.

Then I was exposed to an article that stated that the FDA recommends that eating raw cookie dough is dangerous because of e.coli contamination possibilities and should not be performed. The article was fairly dramatic and highly repulsive on many levels.

Escherichia coli is not the end all be all of death. Far from it. Humans have e.coli living in their intestine and it allows humans to metabolize vitamin K. Without it humans would be in trouble. Realize that bacteria are ubiquitous. 99.9% of bacteria killed means millions of bacteria left behind. People are exposed to bacteria every day of their lives. It is a natural thing. But what we hear is how people die when they ingest e. coli when in fact everyone you know has already been infected with e.coli and they are fine.

The article is just a symptom of a bigger campaign. A campaign of fear. We the people are being manipulated by a huge campaign of fear. The failing hoax of man made global climate warming change. Fear of a future catastrophe due to man’s evil prosperity. Preserve the Parks (an advertisement I just listened to on the radio) which states we have to save the parks before we don’t have any “natural” places to visit. The fear of man destroying his planet.The push for gun control after any shooting. Fear of gun violence. Ebola which fizzled but now we have Zika to the rescue to keep us scared about a virus that is “dangerous”. Fear of the unseen. “Stormcenter” Storm tracking of “severe” weather. Fear of nature. The “war on terrorism” is based entirely on fear. The “war on drugs” is also. Think about your life and what the media is telling you about it. What isn’t dangerous to you or your family nowadays?

George Carlin made a joke about this which exemplifies this phenomena. He stated that doctors have determined that saliva causes cancer. But only when swallowed in small amounts over very long periods of time. He was a very insightful man on many accounts.

Don’t let fear rule your life. Don’t let fear determine your vote. If the reason that you are voting for your candidate is our of a fear of the opponent then rethink your vote. No matter how you define this action it represents fear not support. Find a candidate you can support. Two popular third party candidates are Gary Johnson of the Libertarian Party and Darrell Castle of the Constitution Party. Take a look at their candidacies here and

Voting your conscience IS the right way to proceed. The two party is stifling representation of the people and needs to be broken. Voting a third party candidate this cycle is needed and has been needed for a while. The problems in the United States are not new nor are they a new creation. Our modern day problem of an out of control federal government began over a century ago. There is no quick fix. Their is a move back toward constitutional limited government and liberty. Our Founding Fathers were not a fan of “parties” but realized they were inevitable. What would have appalled them seeing what is happening today is there are only two parties. In there opinion and in truth 300+ million people cannot be represented by just 2 parties. Fear is keeping the 3rd party movement down. Fear of a wasted vote. Fear of continued failure. Fear of letting the opponent win. This fear is self fulfilling. Do not succumb.

Bottom line: We the people have allowed fear to drive us for too long. Wherever you see fear tactics, the solution is inevitably more government created to “help” us. If you cannot be “for” something then don’t support it. Do not succumb to fear and allow that fear to cloud your judgement and make further bad choices. There are always options. Educate yourself and make good choices based on knowledge. Come back to the home of the free and land of the brave. God Bless America.

A Time for Conservatives to Unite

With Super Tuesday behind us it is time to face reality. tRump must be stopped. He is no conservative and his presence in the Republican nomination process allows a Hillary victory. It is time for conservatives to unite.

It is now apparent that Ted Cruz is the man to take tRump down and the one to beat Hillary. Rubio’s poor showing (congratulations on Minnesota though) in this election cycle shows he is consistently taking a back seat to Cruz with conservative voters. Cruz has shown he can stand toe to toe with tRump and win. Texas was a big win, but Oklahoma is even bigger by the fact it was the first closed primary state. When tRump cannot rely on democratic voters he is definitely put at a disadvantage.

Rubio has some problems of his own. Florida is around the corner and if he loses to tRump there it could seriously damage his future chances at office. It would definitely harm any future campaign he was looking to enter. Rubio is the last of the establishment’s candidates and even with their backing he is not competitive.

There have been indications that the GOP establishment is biting the bullet and may get behind a Cruz candidacy. Lindsey Graham came out after his now infamous “no help from Senate after Cruz is shot on the Senate floor” remarks and lamenting the fact it may be time to unite behind Ted Cruz to take out tRump. Other indications show that the anti-Cruz establishment stance is softening out of desperation over a tRump candidacy.

This brings me to the point of this article. Cruz must ask Rubio to be his nominee for 2016. Right now if that was done it would cement the anti-tRumpers into one coalition. Carson and Kasich would see the writing on the wall and either have to support tRump or be forced out of their campaigns. Cruz/Rubio would take the tRump campaign to task and they would be the Republican team for 2016.

If Cruz and Rubio act quickly enough, they could win Florida for their efforts. This would really put a crimp in the tRump machinery and more importantly for Rubio preserve his image for future political office. This would be a win-win situation for Cruz and Rubio on all fronts.

Some will say that this will be impossible due to the differences of the candidates. Poppycock is my response. Look to 1980. Reagan picked George Bush who is the one who created the term “voodoo economics” to describe Reagan’s economic policies. They ended up with a successful run together and Bush benefited with becoming President afterwards. Rubio is still young. He has plenty of time for future runs. This would look good on his resume.

Looking back to the founding of our country we witness James Madison firmly on the side of the federalists early on. Through his association with Jefferson however, he soon became a major force in the anti-federalist camp. He had argued against a Bill of Rights during the constitutional convention yet was the one who proposed during the first Congress that a Bill of Rights was necessary. This was due to Jefferson’s influence with Madison. I see something like that happening if Cruz and Rubio team up. Rubio seems to be a smart man who knows the Constitution but has kept some bad company. A little guidance and working with a consistent constitutional conservative will help him for the rest of his years.

I do not know if this is just tilting at windmills but to me it seems like solid logic. Everyone who has a potential to be a winner in this deal has it under their control to make this happen. This allows conservatism to prosper and we can bring the Constitution back to the White House and move toward prosperity again.

Cruz/Rubio 2016. Bring the Constitution back to the White House.cruzrubio2016