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War Powers of the Executive Branch and President
The Executive Branch and President,
have only the duty to execute the wars of Congress.
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These are the War Making Powers of the President:
Constitution for the United States of America
Article I, Section 2
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...The Executive branch and the President, have no war-making authority whatsoever. ALL war-making powers, including preparation, outfitting and training are exclusively the Powers of the Congress.
The Constitution Controls the President, Even as Commander-In-Chief
The Executive Branch is granted limited powers to act militarily in the heat of necessity and to exercise necessary force when force alone can gain the legitimate desire of the United States. It is obvious that these powers do not include the independent power to initiate or commit the People to War.The Executive Has No Constitutional War Power
The President and his advisors may recommend War, but they have no authority to declare or conduct War without the explicit authority of the Congress.Exercise of Military Force by the Executive in Necessary Actions and Diplomacy
The defense and the will of our country sometimes requires the projection and execution of brute force. Our Federal Constitution contains adequate provision for the ordinary use of necessary force in our country's interests.
Congress Provides Military Resources
Our Executive must have at his disposal, but also must be restricted to, only the constitutional armed forces required for the performance of his duties during peacetime; standing armies being prohibited to the federal government. The Navy, constitutionally tasked with defense of our international commerce and general defense, stands fully capable and prepared to obey the commands of the President for these emergencies and necessary deployments.Constitution Limits Military Appropriations
Provisions for establishing, arming and maintaining our armies includes restrictions on unnecessary accumulation of war resources and frivolous exercise of armed force by the executive.If War is Necessary, the Executive Must Petition the Congress for Authority and Funding
The President and his advisors may recommend, but may not declare or levy War without the explicit authority of the Congress. Nor may the Congress re-delegate War Power to the Executive.The Constitution provides the ability of the federal government to raise armies and to wage war. These powers are moderated by the effective voice of the states and the People of the states in and over these processes. The constitutional organization and arming of the Organized Militias by the federal government, with the scattering of the command, materials and manpower among the states and under the ordinary command of the governors, provides the necessary moderation of federal powers to prevent engagemnt of the country, states and People in unwise adventures and unnecessary wars.
The federal armed forces now in existence must be deployed to the Regulated Militias of the states as is specified by the terms of our federal constitution and the materials and means for war likewise constitutionally disposed.
Response in Force Unaffected by Dispersion of Military Resources Among the States
Our military tactical capability and responsiveness to emergency and necessity is not hampered by this distribution of men, materials and command during peacetime and the strategic capacity for defense of our country is greatly enhanced.Re-establishment of Militias and Practical Protections of First and Second Amendments
A side effect is the repair of our damaged rights, protected under the first and second amendments, which are to freely discuss the fitness of our government and officials and to improve our personal liberty by repossessing our right to own and carry the means of self-defense, even from our government.
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Contact Henry Nicolle:
Mail: c/o POB 5633 Ventura, California (93005) - -
Tel: 805-758-4446 - - e-Mail: henry@henrynicolle.org