New Amendment proposal
Submitted by yonemoto on Sat, 07/26/2008 - 19:57Maybe we should propose a new amendment at the campaign for liberty-- something that will have broad appeal across the country, and across the political specturm be easy to pass (yes, even amongst those who might not see eye to eye with the rest of us on all the issues) so that we can say that we made a big difference towards advancing liberty. Consider it a way of tractoring people to our cause by opening their eyes in one place.
This would codify as constitutional some of the principles embodied in the War Powers Resolution and the Posse Comitatus act (with a higher level of stringency in the War Powers act). Of course the details should be hammered out at the CFL.
War Powers/Posse Comitatus Amendment
1. In the event that Congress shall not have declared war, the President must inform Congress within 48 hours of deploying military forces in combat outside of the United States. The president shall recall all military forces from foreign combat if both houses of Congress do not authorize deployment by a 2/3 majority within sixty days of notification. The president shall recall all authorized foreign combat deployments if not reauthorized by a simple majority in both houses of Congress within 6 months of a previous authorization.
2. Congress may determine by a 2/3 majority that a military combat deployment is a direct domestic or foreign response to a foreign nation which has engaged in combat within the United States. The President shall not require reauthorization on such a deployment, but Congress may recall the deployment at any time by a simple majority vote.
3. Members of the federal uniformed services shall not be used to execute laws in the various United States except on federally owned property. The federal uniformed services may execute laws on the various bodies of water which comprise some of the borders of the United States, and may coordinate the execution of the law when a fugitive enters the United States from a body of water.
4. The President shall not deploy the various militias of the states without direct consent of the state governor and state legislature. However, if a state shall be the site of combat with a foreign military, the president may incorporate its militia into the federal military until such time as the state government shall detach its militia.
Amendment
I like the recall idea very much but I think with this Congress it might not get much of a response.Now the military,reading into the 2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
Military personel take a oath to uphold the Constitution also,and a well regulated militia,being necessary to the security of a free state.Now if the people who are in charge are no longer representing the Constitution doesn't that part of the Constitution allow us to enlist the aid of the military to remove the offending parties? What's your take on it.
The state militias need be
The state militias need be decoupled from the federal military. I'm adding it in as #4. The president should not be allowed to deploy the state national guards without the assent of the state legislatures and the governor.
Finally, we technically don't have to go through the congress; we need to pass it by getting two thirds of states to petition congress for a convention on the matter. Although I think we can rustle up enough votes in congress; the democrats are frustrated with Bush and enough smart Republicans will be interested in curtailing Obama's presidential powers.
Here's the general idea:
There are then four, distinct, constitutionally recognized forms of military combat:
1) war (think: WWII). Congress declares that president has a mandate to execute any form of military combat deployment. The military may not execute domestic laws.
2) Domestic deployment (think: war of 1812). President has a mandate to do anything except: the military cannot execute laws. Congress may vote to enable itself to end military combat.
3) Foreign deployment, after domestic attack (think: afghanistan). Congress may vote to end military combat at any time.
4) Foreign deployment, no obvious domestic attack (think: iraq). President must get 2/3 authorization, then continue to get 50% authorization every sixty days.