Senator Robert C. Byrd’s remarks before the Senate during the October 2002 debate of the Senate Joint Resolution 46. The resolution that would authorize the President to use whatever force he deems necessary in Iraq or elsewhere.
“It redefines the nature of defense, and reinterprets the Constitution to suit the will of the Executive Branch. It would give the President blanket authority to launch a unilateral preemptive attack on a sovereign nation that is perceived to be a threat to the United States. This is an unprecedented and unfounded interpretation of the President’s authority under the Constitution, not to mention the fact that it stands the charter of the United Nations on its head.
Representative Abraham Lincoln, in a letter to William H. Herndon, stated: “Allow the President to invade a neighboring nation whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such purpose – – and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after you have given him so much as you propose. If, to-day, he should choose to say he thinks it necessary to invade Canada, to prevent the British from invading us, how could you stop him? You may say to him, ‘I see no probability of the British invading us’ but he will say to you ‘be silent; I see it, if you don’t.’
“The provision of the Constitution giving the war-making power to Congress, was dictated, as I understand it, by the following reasons. Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.”
If he could speak to us today, what would Lincoln say of the Bush doctrine concerning preemptive strikes?
Article I, Section 8, of the Constitution grants Congress the power to declare war and to call forth the militia “to execute the Laws of the Union, suppress Insurrections and repel Invasions.” Nowhere in the Constitution is it written that the President has the authority to call forth the militia to preempt a perceived threat. And yet, the resolution before the Senate avers that the President “has authority under the Constitution to take action in order to deter and prevent acts of international terrorism against the United States, as Congress recognized in the joint resolution on Authorization for Use of Miliary Force” following the September 11 terrorist attack. What a cynical twisting of words! The reality is that Congress, exercising the authority granted to it under the Constitution, granted the President specific and limited authority to use force against the perpetrators of the September 11 attack. Nowhere was there an implied recognition of inherent authority under the Constitution to “deter and prevent” future acts of terrorism.
No one supports Saddam Hussein. If he were to disappear tomorrow, no one would shed a tear around the world. I would not. My handkerchief would remain dry. But the principle of one government deciding to eliminate another government, using force to do so, and taking that action in spite of world disapproval, is a very disquieting thing. I am concerned that it has the effect of destabilizing the world community of nations. I am concerned that it fosters a climate of suspicion and mistrust in U.S. relations with other nations. The United States is not a rogue nation, given to unilateral action in the face of worldwide opprobrium.
A U.S. invasion of Iraq that proved successful and which resulted in the overthrow of the government would not be a simple effort. The aftermath of that effort would require a long term occupation. The President has said that he would overthrow Saddam Hussein and establish a new government that would recognize all interest groups in Iraq. This would presumably include the Kurds to the north and the Shiite Muslims to the south. Because the entire military and security apparatus of Iraq would have to be replaced, the U.S. would have to provide interim security throughout the countryside. This kind of nation-building cannot be accomplished with the wave of a wand by some fairy godmother, even one with the full might and power of the world’s last remaining superpower behind her.
I urge restraint. President Bush gave the United Nations the opening to deal effectively with the threat posed by Iraq. The UN embraced his exhortation and is working to develop a new, tougher inspection regime with firm deadlines and swift and sure accountability. Let us be convinced that a reinvigorated inspection regime cannot work before we move to any next step, and let us if we must employ force, employ the most precise and limited use of force necessary to get the job done.
Let us guard against the perils of haste, lest the Senate fall prey to the dangers of taking action that is both blind and improvident.”
Read the full speech
