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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Feb 2, 2012/ 9 Shevat, 5772

What Is a Just War?

By Judge Andrew P. Napolitano



http://www.JewishWorldReview.com | When President Obama announced last April that he was sending the United States military to bomb Libya, he not only violated the United States Constitution, which he has taken an oath to uphold, but he also violated the moral principles of the just war. The Constitution permits only Congress to declare war and the president to initiate on his own only a truly defensive war. When the president takes an oath to uphold the Constitution, he also promises to uphold the treaties into which the U.S. has entered and the laws that have been written pursuant to those treaties.

St. Thomas Aquinas is the modern articulator of the idea that governments are required to follow the same moral principles as the rest of us. This is particularly so in the case of a government that claims its source of power is the consent of the governed. St. Thomas More once put it this way: "Some men say the earth is round and some say it is flat. If it is round, can the King's command flatten it; and if it is flat, can Parliament make it round?"

Of course, the answer to those questions is no; and the reason it is no is that kings and parliaments — all governments — just like all living beings, are subject to the laws of nature. One of those laws was articulated by Aquinas and embraced by More and accepted by Thomas Jefferson and taught by many Judeo-Christian scholars, and was eventually engrafted into treaties and into American law. It is the concept of the just war. In American law and culture, for war to be valid, it must not only be lawful, meaning either declared by Congress or defensive; it must also be just.

What is a just war? For a war to be just, generally, a half-dozen principles must be met.

First, since force destroys, and there is a presumption against its use, the presumption must be overcome by first using all peaceful and viable means and alternatives to war; and it must be clear that these alternatives are fruitless before a war can be just.

Second, the cause must be just; that is, the purpose of the war must be to correct a grave, profound, enduring public evil that directly impairs the freedom or safety of those contemplating war.

Third, only a lawfully competent authority may commence the use of violence, as was not the case when President Johnson bombed North Vietnam or President Nixon bombed Cambodia or President Obama bombed Libya. Thus, the internal laws of the nation using military violence must be crafted so that war is the public policy of the nation, not just the temporary personal preference of whoever is running the government.



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Fourth, there must be a probability of success, so that men and women are not sent to certain death for a lost cause.

Fifth, the use of force must be proportional to the harm it seeks to eradicate; thus, no more persons may be harmed by the use of military force than are absolutely necessary to achieve the just goals of the war.

Finally, the war must be fought fairly and ended quickly.

Have you ever heard of these rules before? Since they're universally accepted in the West, wouldn't you expect that they'd be discussed and debated openly? Did the Congress apply these rules to any war in your lifetime?

Congress has not declared war since Dec. 8, 1941. But it has, from time to time, debated these principles while it permitted the president to fight unjust wars. It did so when LBJ tricked it into adopting the Gulf of Tonkin Resolution in 1964, authorizing him to bomb North Vietnam, a backward country that posed no threats to America. It debated these values when it enacted the War Powers Act in 1973 in order to restrain Nixon from bombing Cambodia, another country that did not harm and could not have harmed the U.S. It did not debate these principles when it authorized President George W. Bush to invade Afghanistan and Iraq.

The problem with most wars is that they are more strategic and adventurist than they are just. We now know that Saddam Hussein posed no threat to the U.S. Regrettably, it took 5,000 American lives, more than a half-million Iraqi lives, nearly a trillion borrowed dollars and two presidential election campaigns for voters to realize that. What was the grave, profound, enduring public evil from Iraq that directly threatened the freedom or safety of Americans? There wasn't one.

The same may be said for Afghanistan, about which, shortly before he was fired, Gen. James Jones, Obama's first national security adviser and a former Marine commandant, stated that the U.S. had 100,000 troops wasting their time chasing fewer than 100 al-Qaida there. Did we assure that no more innocents — or even combatants — died than was necessary to end that war? No.

And my guess is that you don't know anyone in America whose freedom and safety were threatened by the Libyan government last April.

The concept of a just war can induce a debate without end, unless and until we repose the Constitution for safekeeping into the hands of men and women who accept the concept. If we do that, we will bring the troops home and save many lives and much taxpayer money and be free and safe and prosperous. If we don't, it seems whoever is the president gets to fight whatever wars he wants. Is that what you want?

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Your comments are appreciated. Please send them by clicking here.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the Senior Judicial Analyst at Fox News Channel and anchor of "FreedomWatch" on Fox Business Network.



Previously:


01/25/12 A Few Words About Abortion
01/20/12 How Much Economic Freedom Do We Have in the United States?
01/12/12 What If Elections Don't Matter?
01/05/12 Big Government Cannot Pay Its Bills, Again
12/29/11 The Case for Austerity
12/22/11 New Ideas or Fidelity to Old Principles?
12/15/11 The Government as Lawbreaker, Again
12/08/11 What if our rights didn't come from the Almighty or from our humanity, but from the government?
12/01/11 Can Congress Steal Your Constitutional Freedoms?
11/24/11 What if the Constitution No Longer Applied?
11/17/11 Congress and Secrecy
11/10/11 Does the Government Work for Us, or Do We Work for the Government?
11/03/11 Look at What the Government Has Done with Your Money
10/27/11 What Have the Wars Done for You?
10/20/11 Is Freedom in America a Myth or a Reality?


© 2012, ANDREW P. NAPOLITANO

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