USS Stark, March 17, 1987.  Look it up.


Denys


-----Original Message-----
From: James B. Byrne [mailto:[log in to unmask]]
Sent: Wednesday, October 27, 2004 3:13 PM
To: [log in to unmask]
Cc: HP-3000 Systems Discussion
Subject: RE: [HP3000-L] OT: Non-conservative comments

On 27 Oct 2004 at 14:00, Denys Beauchemin wrote:

> Yes, Hitler declared war on the US, but never attacked.

I am not sure that I understand the distinction being made here.  The
United States merchant fleet and Navy came under immediate, and
devastating, attack by German submarines following the DOW.  Is
sinking a country's ship by naval action not an act of war? Is it not
an attack?  How does this differ from firing missiles at over-flying
aircraft?

On the other hand, if the U.S. aircraft were patrolling the Iraqi
skies under the auspices of the United Nations then how can any
attack against an agent of the UN be construed as an attack on the
United States?  Surely the agent is not the thing itself?  The United
States were not present in Iraqi skies on their own account, or were
they?

Is the issue that the Germans did the "gentlemanly" thing and
declared war first rather than the "barbaric" thing of attacking
without warning, vis a vis Pearl Harbour?  How does this relate to
current U.S. actions?  Or perhaps no action is considered an attack
unless accompanied by an invasion?  If so then this definition seems
a trifle narrow.  Is it legality that is in question?  If so how does
this square with U.S. actions in Iraq?

Is the Iraq war even constitutional?  Has the U.S. Congress ever
voted a Declaration of War against Iraq or is this just another
Presidential junket?   Can Congress pass a law that subverts the
written requirements of the Constitution and give war making powers
to the President without a constitutional amendment? Where are your
oft vaunted "checks and balances?"

Under U.S. law are Congressmen liable to the charge of treason if
they permit, much less encourage, an administration to prosecute wars
without Congressional approval in defiance of the U.S. Constitution?
Or is this just a nasty habit that few officials sworn to uphold your
constitution seem inclined to stop?  At the very least one would
suspect that a charge of malfeasance could be sustained, but perhaps
there is some nuance of constitutional law I misapprehend?

I am just asking.  Maybe Congress did vote a declaration of war, I
just cannot seem to find it.

It can be a dangerous thing to go outside the law, for righteousness
is not the same as legitimacy. What the United States is desperately
short of, and needs right now, is legitimacy.  It is already far too
righteous for its own good.


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