20 May, 2020

The Korean War: It Was Unconstitutional for President Harry Truman to Rely Only on UN Mandates to Send U.S. Troops to Their Deaths in 1950

Posted by Socrates in America, Congress, Iraq War, Korea, Korean War, NATO, Serbia, Serbs, Socrates, UN, UN Charter, UN founders, war, war as a racket, war crimes, War! War! War! at 3:31 pm | Permanent Link

(This post is dedicated to U.S. Marine Corps CPL Leonard Edward Hayworth of Crown Point, Indiana [1928-1950]; Killed In Action, Seoul, Korea, Sept. 1950. Hayworth is featured in the 1951 photo book “This Is War!”).

“Is UN machinery a legal substitute for congressional action? If that were possible, the President and the Senate could rely on the treaty process to strip from the House of Representatives its constitutional role in deciding and participating in questions of war. Following that same logic, the President and the Senate, through the treaty process, could rely on the United Nations to determine trade and tariff matters, again bypassing the prerogatives of the House of Representatives. The history of the United Nations makes it very clear that all parties in the legislative and executive branches understood that the decision to use military force through the United Nations required prior approval from both Houses of Congress.”
Dr. Louis Fisher, Library of Congress Senior Specialist in Separation of Powers and Specialist in Constitutional Law. Note that this comment above also applies to the Vietnam War, the NATO air attack on Serbia in 1999, which involved mostly U.S. pilots and which came after a UN mandate, and ditto the Iraq War in 2003. Those American wars were therefore illegal wars, since Congress did not declare war each time, as it should have done.

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