Is Joe Biden’s involvement of America in Ukraine Constitutional? The Democratic Congress passed a measure giving Biden authority to give Ukraine all the weapons he deems fit, but is that Constitutional? On LewRockwell.com, Judge Andrew Napolitano discusses whether or not Congress should declare war, writing:
All power in the federal government comes from the Constitution and from no other source. Congress, however, has managed to extend its reach beyond the confines of the Constitution domestically by spending money in areas that it cannot regulate and purchasing compliance from the states by bribery.
Examples of this are the numerical minimum blood alcohol content to trigger DWI arrests, and maximum speed limits. In both instances, Congress offered money to the states to pave highways provided they lower both numbers, and the cash-strapped states accepted the money along with congressional strings. These are bribes from the criminal consequences of which Congress has exempted itself.
The same takes place in foreign policy. Congress cannot legally declare war on Russia, since there is no militarily-grounded reason for doing so. Russia poses no threat to American national security or American persons or property. Moreover, the U.S. has no treaty with Ukraine that triggers an American military defense. But Congress spends money on war nevertheless.
Under the Constitution, only Congress can declare war on a nation or group. The last time it did so was to initiate American involvement in World War II. But Congress has given away limited authority to presidents and permitted them to fight undeclared wars. Examples of this are President George W. Bush’s disastrous and criminal invasions of Afghanistan and Iraq, and the War Powers Resolution of 1973.
Congress has not only not declared war on Russia; it has not authorized the use of American military forces against it. Yet, it has given President Joe Biden a blank check for $100 billion and authorized him to spend it on military equipment for Ukraine however he sees fit.
He has promised to continue giving Ukraine whatever it needs for “as long as it takes.” As long as it takes to do what? He cannot answer that because he has no clear military objective. Eliminating Russian troops from Ukraine and Crimea or Russian President Vladimir Putin from office are not realistically attainable military goals.
Congress has only authorized weapons and cash to be sent to Ukraine, but Biden has sent troops as well. The U.S. involvement in Vietnam began the same way: no declaration of war, no authorization for the use of military force, yet a gradual buildup of American troops as advisers and instructors, and then a congressionally supported war that saw half a million American troops deployed, 10% of whom came home in body bags.
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