You may be one of the few people who has paid attention to HR1540, the National Defense Authorization Act. Even if you are, you probably don’t know about Section 1034, which (among other things)confirms that we are at war with terrorists until the last one is dead. We won’t even editorialize on this, instead handing the stage over to a guest writer this month who will… Abraham Lincoln.
“Allow the President to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so, whenever he may choose to say he deems it necessary for such purpose — and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after you have given him so much as you propose. If, today, he should choose to say he thinks it necessary to invade Canada, to prevent the British from invading us, how could you stop him? You may say to him, “I see no probability of the British invading us” but he will say to you “be silent; I see it, if you don’t.” The provision of the Constitution giving the war-making power to Congress, was dictated, as I understand it, by the following reasons: Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.” -A. Lincoln
Here’s the actual text of Section 1034…
“Congress affirms that–
(1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a threat to the United States and its citizens, both domestically and abroad;
(2) the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban, and associated forces pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note);
(3) the current armed conflict includes nations, organization, and persons who–
(A) are part of, or are substantially supporting, al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners; or
(B) have engaged in hostilities or have directly supported hostilities in aid of a nation, organization, or person described in subparagraph (A); and
(4) the President’s authority pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority to detain belligerents, including persons described in paragraph (3), until the termination of hostilities.”
For more detailed analysis, check out any of the following sources…
H.R.1540 – National Defense Authorization Act for Fiscal Year 2012 (Includes full bill text, vote tallies, progress through Congress)
H.R. 1540: the controversial “worldwide war” text, Includes comparison of text of Section 1034 of HB1540 with Authorization of Military Force (2001), Authorization of Military Force against Iraq (2002), and the Gulf of Tonkin Resolution (1964)
House Passes Bill Authorizing Worldwide War As Momentum Builds Against It, ACLU.org, May 26, 2011
House Prepares to Give President Authority to Wage War Anywhere, Anytime, -David Wallechinsky, Noel Brinkerhoff, Government in the Lab,
Republicans in Congress to Crown Obama King, By David Swanson, 19 May 2011
The Worst Bill Ever in Congress, David Swanson, WarIsACrime.org, 24 May 2011
Obama’s Promise to Veto ‘Worldwide War’ Bill Rings Hollow , Paul Joseph Watson, Prison Planet.com, Friday, May 27, 2011 (With video of Ron Paul on House Floor)
National Defense Authorization Bill H.R 1540 Gives President the Right to Continue Wars Without Approval Also to Declare War Within America Itself, May 16, 2011 by Mark Schumacher
