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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 Sept. 5, 2013/ 30 Elul, 5773

War, War, What is it Good For?

By Judge Andrew P. Napolitano



http://www.JewishWorldReview.com | President Obama's request for express congressional authorization for a limited aerial invasion of Syria raises profound legal and constitutional questions. For starters, there is simply no legal basis in international law to support an American invasion of Syria. Yet, notwithstanding that, federal law permits the president to commit U.S. military forces anywhere he wants for up to 90 days, without express authorization from Congress. So, why did Obama ask for the authorization he surely knows he already has?

Since March 2011, Syria has been in the throes of a civil war. Those seeking to oust the government of President Bashar al-Assad are a mixture of his domestic political opponents, disgruntled former Syrian military officers and dangerous radical foreign Islamist fighters affiliated with al-Qaida. International organizations monitoring the war have put the dead from both sides at more than 100,000 persons.

Until last week, the U.S. had steadfastly stayed out of this war, as its outcome is unlikely to affect American national security. Though Assad is a former friend who once famously dined with then Sen. John Kerry, he is now a monster willing to go to extremes to stay in power. On the other hand, our allies in the region surely would prefer that the Syrian government not be run by or under the influence of al-Qaida, and federal law prohibits Americans and the U.S. government from aiding al-Qaida. Hence, our neutrality — until Obama made a thoughtless and bravado-driven comment during his re-election campaign in August 2012, and now fears that his bluff has been called.

In his comment, the president, sounding like an international policeman — a position he condemned when President George W. Bush sounded that way — declared that if the Syrian government used chemical weapons against its adversaries, the very use of which is prohibited by all civilized norms, America would revisit its neutrality. In reliance upon what he now claims is sound intelligence showing government use of chemical weapons on innocent Syrian civilians, Obama last week stated an intention to engage in a limited military invasion of Syria so as to weaken its resolve and ability to fight the rebels further.

Never mind that the photos shown by Obama's folks of aid workers ministering to the supposed victims of government gassing show the workers without gas masks or gloves, and never mind that the Assad regime has permitted U.N. weapons inspectors unfettered access to its materiel, and never mind that the president wants to invade Syria before the weapons inspectors issue their report. The president wants us to believe that the Assad regime intentionally gassed a thousand Syrian innocents who were of no military value to the rebels or threat to the regime — and among whom were, according to former House Speaker Nancy Pelosi, D-Calif., "hundreds of children."



Even if all this took place as Obama claims, can he lawfully bomb Syria to punish its government for violating international norms or to deter it from doing so again? In a word: No.

International law recognizes only three lawful routes to the use of military force. It recognizes the right of every country to launch military force in order to prevent its own borders from being invaded or to subdue those who commenced an invasion. It also recognizes the ability of any U.N. member state to come to the aid of any other U.N. member state when one of them has been invaded. And treaties to which the U.S. and Syria are parties permit limited purpose invasions when approved by the U.N. None of these lawful scenarios applies to Syria.

Can Obama just launch an invasion of Syria even if it would be unlawful and even if Congress says no?

Because of the vicissitudes of history, the personalities of presidents and the myopic compromises of past Congresses, the area of presidential war-making has different legal and constitutional ramifications. Under the Constitution, only Congress can authorize the offensive use of military force. James Madison's notes from the Constitutional Convention in 1787 make it obvious that the Framers were nearly unanimous in their resolve to keep the war-making power away from the president and repose it exclusively with Congress. They did this clearly and unambiguously in Article I, Section 8 of the Constitution.

Notwithstanding the precise language of the Constitution and the history of the nation's birth, the War Powers Resolution (WPR), a federal statute enacted in 1973 over President Nixon's veto, does permit the president on his own to use the military for offensive wars for a maximum of 90 days. Thus, under current federal law, Obama may lawfully bomb Syria even if Congress declines to authorize him to do so and even though such an act would violate international law.

But the WPR is profoundly unconstitutional because it cedes Congress' constitutional war-making power to the president. The WPR was an ill-conceived political compromise effectuated by a Watergate-weakened president, congressional hawks who approved of Nixon's unilateral invasion of Cambodia and sober congressional heads more faithful to the separation of powers.

Yet, the Supreme Court has ruled consistently that the transfer of constitutional powers among the branches of the federal government is unconstitutional, even if popular and consensual, unless brought about by an amendment to the Constitution. Thus, Congress can no more let the president start wars than the president can let Congress appoint federal judges, lest the Constitution have no meaning or force of law.

So why does Obama want Congress' approval to do that which international law prohibits and federal law permits? Obama knows that war is the health of the state: It unites political adversaries around common patriotic-sounding goals and often generates support for those in harm's way and resources for the government officials who sent them there.

But, will another war enhance our freedoms or our safety? Will it add to our debt? Will it trash the law? Can we bomb and kill for bragging rights?

The answers are obvious, and they don't justify war.

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:


08/08/13 Domestic Spying Is Dangerous to Freedom
08/01/13 Liberty's Backlash
07/25/13 Liberty and Safety
07/18/13 Double Jeopardy
07/11/13 Above the Law
07/04/13 Jefferson Weeping
06/27/13 The Truth Shall Keep Us Free
06/20/13 Fidelity to the Constitution When We Need It
06/1313 Liberty in Shambles
06/06/13 What if Laws Applied to Everyone?
05/30/13 An Assault on Freedom of the Press
05/23/13 Tyranny Around the Corner
05/17/13 Storm Clouds Gathering
05/09/13 Why We Should Mistrust the Government
05/02/13 More Holes in the Fourth Amendment
04/25/13 Boston and Freedom
04/18/13 Taxation Is Theft
04/11/13 Drones, Guns and the President
04/04/13 When the Government Goes Bankrupt
03/28/13 Hope for the Dead
03/21/13 No More Asking for Permission To Speak
03/14/13 What if Nanny Is a Thug?
02/28/13 Obama's False Alarms
02/14/13 Obama's Secret Court for Killing
02/07/13 Obama Gives Himself Permission To Kill
01/31/13 Both sides in immigration debate overlook main issue
01/24/13 Guns and the President
01/17/13 Guns and the Government
01/10/13 Guns and Freedom
12/13/12 Government Spying Out of Control
12/06/12 Republicans for Big Government
11/29/12 Republicans and Taxes
11/15/12 Silencing General Petraeus
11/08/12 Four more years to crush personal freedoms
10/25/12 Silence on Libya
10/18/12 Who Is Responsible for the Mess in Libya?
10/11/12 Let Gary Johnson Debate
10/04/12 Two Failures
09/27/12 The Arab Spring Becomes a Western Winter
08/23/12 Abortion and Rape
08/16/12 November's Choices
08/09/12 Gazillions
07/19/12 The Rule of Law
07/12/12 We Are at a Turning Point
07/03/12 A Vast New Federal Power
06/28/12 Restraining Arizona, Unleashing the President
06/21/12 Can the President Rewrite Federal Law?
06/15/12 Squealing Versus Killing
06/07/12 Where Is The Outrage?
05/31/12 The Secret Kill List
05/24/12 What If We Have Only Memories of Freedom?
05/17/12 Is There a Drone in Your Backyard?
05/10/12 What Constitutes a Fair Trial?
05/03/12 The President's Private War
04/26/12 Rick Perry Was Correct
04/19/12 A Government of Waste
04/12/12 What If the Government Rejects the Constitution?
03/29/12 Can the Government Force You To Eat Broccoli?
03/22/12 Is the CIA in Your Kitchen?
03/15/12 Can the Secret Service Tell You To Shut Up?
03/08/12 Can the President Kill You?
02/23/12 What If Democracy Is Bunk?
02/16/12 Time To Tame the Federal Beast
02/09/12 Do Catholics Have Too Many Babies?
02/02/12 What Is a Just War?
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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