
IPFS News Link • WAR: About that War
The Reason for No Declarations of War Since WW II
• https://www.fff.org, by Jacob G. HornbergerEveryone also knows that the Constitution prohibits the federal government from waging war without a declaration of war from Congress. Yet, everyone also knows that since World War II, the U.S. government has waged undeclared wars against many nation-states, such as North Korea, North Vietnam, Cuba, Grenada, Nicaragua, Iraq, Afghanistan, Syria, and others.
Everyone also knows that under the Constitution, it is the responsibility of the Supreme Court and the federal judiciary to enforce the Constitution against the other branches of the federal government. Thus, it was the job of the Supreme Court to enjoin the U.S. government's waging of all of those post-World War II wars unless and until Congress issued a congressional declaration of war against those nation-states.
The question no one asks is: Why didn't the Supreme Court fulfill its responsibility by declaring those wars unconstitutional and enjoining the executive branch from waging them? Why did it instead abrogate its constitutional responsibility by letting those undeclared wars proceed?
The answer to this hands-off phenomenon is actually a pretty simple one: the national-security state and the omnipotent role that the Pentagon, the CIA, and the NSA came to play in America's federal governmental structure.
After World War II, the federal government was converted from a limited-government republic, which was our founding governmental system, to a national-security state, which is quite similar to a totalitarian-like regime in terms of sheer power.
Under the founding system of a republic, the government's powers were extremely limited. The relatively small military fell under the control and auspices of the executive branch, whose powers were limited by the Constitution, which was enforced by the Supreme Court.
That changed completely with the conversion to a national-security state. The military-intelligence establishment immediately became, de facto, an independent, all-powerful section of the federal government, wielding omnipotent, totalitarian-like powers, such as assassination, torture, indefinite detention, coups, invasions, foreign interventions, and wars of aggression.
The idea was that in order to win the "Cold War" against the communists, who were supposedly coming to get us, "we" needed to become like "them." Since the Reds weren't constrained by a constitution, it was said, they were going to end up defeating us. Given that "they" wielded omnipotent powers, "we" needed to wield omnipotent powers too.