RJ Harris's blog

Taking note of the massive donation levels reached by the Schiff and Paul campaigns, one can easily lose perspective when comparing to totals raised by less spotlighted races. But we must remember that each race nets only one vote and each vote is just as valuable to the cause of Liberty regardless of its monetary cost.
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by RJ Harris | December 3, 2009

A Congressional Candidates Response to the Afghanistan Surge of 2009

Somewhere between the events of 911 and the President's Afghanistan "surge speech" we seem to have forgotten that what distinguishes us from the terrorists trying to kill us is our commitment to the rule of law. Terrorists and pirates care nothing about safeguarding individual liberty or fundamental human rights, but we do. Our commitment to these formalities is what makes us human and free and makes them the enemies of humanity. This commitment requires us to provide due process and equal protection to all persons, not only citizens, within our Republic's jurisdiction regardless of where they were captured or where they are currently held. (14th Amendment) To meet this due process requirement, and to classify enemy combatants, terrorist or pirates as prisoners of war, requires; 1. notice; 2. an opportunity to be heard. For soldiers of a foreign sovereign to have the required notice requires a formal declaration of war issued by our Congress. Article I section 8 of the Constitution limits this power to only the Congress. This power cannot be delegated to the President by way of Authorization for the Use of Force Resolutions, as was done in Iraq and Afghanistan, because the President would then be able to commit acts of war without a war being first properly declared. The President may defend the lives, liberty and property of U.S. Citizens while eminent threats remain but to go on offense requires a proper congressional war declaration.

For suspected international terrorists or pirates to have the notice required under due process requires that Letters of Reprisals (declarations of war upon stateless actors and activities) be issued against them by Congress and for Congress to have defined and set the punishments for piracies and offences against the law of Nations. (Article I Section 8) To date, no Letters of Reprisal have been issued against ANY terrorist organization or activity. For all of the persons herein mentioned, an opportunity to be heard is provided when the above formalities have taken place, before or during the outbreak of hostilities, thereby allowing these persons to be classified as prisoners of war, held under military authority and tried in accordance with the Uniform Code of Military Justice.
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