Judge Napolitano: The Normalcy of Unprovoked, Unlawful American Wars

From [HERE] The war in Iran is unlawful and unconstitutional, but in post-World War II America, it is normal. Here is the backstory.

When President Donald Trump decided to begin bombing Iran last June, he did not state a coherent or lawful reason for doing so. His director of national intelligence and his own CIA had publicly told him that Iran did not possess a nuclear weapon and had ceased building one in 2005.

His secretary of state told him that Iran and Israel had threatened each other, but he could not articulate how Iran imminently threatened the United States. Yet, since Israel planned to attack Iran, he wanted the US to help Israel do so. This was not a lawful request as the US has no treaty with Israel and, under treaties to which the US is a party, the legal bases for all offensive wars can only be treaty compliance or prevention of an imminent attack.

When Trump addressed the nation, his helter-skelter rationale argued for replacing Iran’s government, destroying its civilian-use enriched uranium, destroying its ability to build a bomb it wasn’t building, and neutralizing its offensive and defensive weaponry. None of these goals was lawful; nor was attacking a Tehran girls school. There was no mention of an imminent attack on the US or the economic effect of war on the vital international oil super-highway, the Strait of Hormuz.

No one in Trump’s inner circle registered disagreement, except his vice president and his director of counterterrorism. They told him there was no legal or constitutional basis for his war.

They were correct, but Trump had history on his side.

For much of American history, presidents have steadily accumulated the power to wage war while Congress has gradually surrendered the constitutional authority that the Framers explicitly entrusted to it. This transformation has weakened constitutional checks and balances, expanded executive power beyond its constitutional limits, claimed millions of lives, cost trillions of dollars, and repeatedly drawn the United States into conflicts that had little or nothing to do with defending America. [MORE]