Mr. President, I will be speaking here for a few minutes about the upcoming War Powers Resolution vote. First, I ask unanimous consent to have printed in the Record the Wall Street Journal editorial…
Mr. President, I will be speaking here for a few minutes about the upcoming War Powers Resolution vote.
First, I ask unanimous consent to have printed in the Record the Wall Street Journal editorial about the War Powers Act, if I may.
I have been asked a lot about this. In a prior life, I used to be a Judge Advocate in the Air Force for about 33 years-- prosecutor, defense attorney, and a military judge for a very short period of time. I enjoyed it very much, so this part of the law has been part of my life.
The body is going to have a big vote today, and I think it is a consequential vote.
Simply put, here is my understanding of the Constitution and how Congress and the President and the courts interact when it comes to making war.
No President has the ability to put America in a state of war. That is reserved for the Congress. It says in the Constitution only Congress can declare war.
When you look at the history of the country, we have declared war-- Congress has--five times in the last 250 years. So declaring war is an unusual thing by the Congress: the War of 1812, the Mexican-American War, Spanish-American War, World War I, and World War II. So I would suggest that declaring war is something America doesn't do a lot, and there is probably good reason. When you declare war, it affects insurance contracts. It is a legal state that has a lot of consequence to it. We have done that five times as a nation.
I wonder how many times a Commander in Chief has used military force to defend a nation without a declaration of war--hundreds, if not thousands, of times in the last 250 years.
The norm in this country is that military conflicts are not carried on under a declaration of war. Military conflicts, which there have been a lot of--Korea, Vietnam, on, and on, and on--are engaged in by a Commander in Chief who feels a need to use military force depending on what the threat is.
The question before the body is, Can the Congress stop a military conflict declared by the Commander in Chief because we don't agree with their decision, and without our approval it must end? The answer, unequivocally, to me is no.
Under the Constitution, the authority to be Commander in Chief resides exclusively with the President. The power to declare war is exclusive to the Congress.
Now, what could the Congress do constitutionally if they disagree with a military action that is not a declaration of war? We could cut off funding. The Constitution reserves the right of the Congress, beginning in the House, to appropriate money. So if there is a military engagement out there--you just pick the topic--and as a Member of Congress, you think America should not be in this conflict, constitutionally, you could terminate funding. And that would be a constitutional check and balance on the President's ability to use military force.
The second thing you could do, as a Member of Congress, if you thought the President was doing something wrong by using the military, is you could do an Article of Impeachment, somehow create a high crime or misdemeanor; that the use of force in this circumstance is a high crime or misdemeanor and impeach the President.
Those are two things that Congress can do to check and balance a President.
But one thing we can't do, in my opinion, is to substitute our judgment for that of the Commander in Chief about a military operation because if that is the case, then you don't have a single Commander in Chief; you have 535 Commanders in Chief.
There has never been in the history of the country a termination of military activity based on the idea of Congress did not approve. There have been a lot of military operations authorized by Congress. There have been a lot of military operations not authorized by Congress. The question of the War Powers Act is what we are talking about.
In 1973--the frustration with the Vietnam war--Congress passed a statute that required the Commander in Chief to notify Congress about engaging in hostilities within a specific period of time, to make reports to Congress at the end of a defined period. I think it is 60 days. I can't remember. If Congress hasn't approved those hostilities, then they must be terminated.
I think the War Powers Act is an obvious constitutional infringement on the ability of the Commander in Chief to conduct military operations because the War Powers Act, at its heart, takes away the ability of the Commander in Chief to decide military matters, and it resides with us.
If you can terminate a Commander in Chief's decision through the War Powers Act, then that constitutional authority has been taken by us, the Congress. And that would be a disaster for this country.
I would argue that the War Powers Act is, on its face, unconstitutional. Reagan and a bunch of other Presidents have said the same thing.
The day that we terminate a military operation based on the idea that we haven't authorized it, then we become the Commander in Chief, we the Congress. That power has been taken from the designated Commander in Chief and usurped by us. That would be a disaster for our country. It would create paralysis at a time of need.
Presidents have informed us of military actions under the War Powers Act, arguing the act is unconstitutional. I would continue to do that if I were a Commander in Chief. I would inform the Congress. I would brief the Congress about what I am going to do or not do using our military--just, I think it is good public policy.
But the vote we are going to take this afternoon is basically we are going to vote, as the U.S. Senate, to terminate actions taken by President Trump regarding drug cartels. I think the day we do that, then we are saying to the world that, really, the Commander in Chief is the Congress, not the President. And if you don't like what President Trump is doing with drug boats and other activity in the Caribbean or anywhere else, you could pass a law saying no funds can be used for the purposes of these operations.
I have been told by my colleagues: Well, that is hard.
Well, it is meant to be hard. The President can veto any law we pass, and the only way we can override that veto is to get two-thirds of the body. It is meant to be hard. It requires us to find consensus.
To my colleagues, please do not be confused about this. Never in the history of our country has a Congress terminated a military action because they did not give permission to the Commander in Chief. Never in the history of the country has the Supreme Court ruled that the Congress has the power to terminate hostilities simply because they disagree with the President--because the day that becomes the norm, then you have taken the power of the Commander in Chief away from the President, and you have conferred it upon us.
This is a big vote. This is a consequential vote. What I am saying, I think, makes eminent sense. By making the Commander in Chief a single person--the President--sitting atop the military, you create a structure and order. If to get military action up and running and sustained you had to have a vote of 535 people, it would be chaos.
If you don't like what the President is doing, then, again, the remedy is to use your constitutional tools as a Member of Congress, which is funding, not replacing your judgment for that of the Commander in Chief. I have said that about Obama, Clinton, everybody. That is just my view.
In 1989, President Bush, 41, used military force to take down Manuel Noriega, the leader of Panama. And he was indicted and put in an American prison for being a drug lord, a drug kingpin. That was done without authorization of Congress. I think President Bush, 41, was right to take Noriega down. We can't tolerate nation states in our backyard becoming narcoterrorist centers.
That takes us to Venezuela. President Trump has decided that these drug boats being operated by narcoterrorists, emanating from Venezuela, are a national security threat to our Nation. I think he is right in his assessment.
All of these boats coming to our shores, heading for our shores, have drugs, and drugs are killing more Americans than any terrorist group out there.
Fentanyl comes from China through Mexico. But cocaine production was up 85 percent over the last 4 years, and cocaine has destroyed a lot of lives in our country. So these drug boats are being interdicted by the military because President Trump believes that narcoterrorism is a national security threat to our country, and he is using the military in that endeavor, not law enforcement. I think he is right.
Some people say have the Coast Guard stop the boat. Well, the Coast Guard is military, and it is civilian. I like the idea that our Commander in Chief is telling narcoterrorist organizations: You are not only a foreign terrorist organization, but when you engage in threats to our country--a boat headed to America full of drugs--we are going to take you out. That is going to stop the flow of drugs.
We secured the border, but we now need to go to the networks that produce the products and distribute the products that eventually come to our shores and kill Americans.
As to Venezuela, I would argue it is a narcoterrorist state. It is not a sovereign country in the sense of international law; that the leader of Venezuela, Maduro, is an indicted drug dealer with a $50 million bounty from the United States; that the recent election was stolen by Maduro. He is not a legitimate President under the laws of Venezuela, and he is not recognized as being legitimate by a multitude of international bodies.
I would say that Venezuela, in the hands of Maduro, is an existential threat to the people of the United States; that it is a narcoterrorist state, run by a drug kingpin that is used as the base of operations to send deadly drugs into our country, and it needs to stop. And whatever power that President Trump would like to use to stop that, I think he has the authority under the Constitution. And if we don't like it as a Congress, we can defund the military operations; we can't replace our judgment for his.
Finally, Maduro and Hezbollah have a long connection. The Presiding Officer of the Senate is a great Senator who understands national security. He was Ambassador to Japan and has been a great addition to this body.
Hezbollah connections to Venezuela go way back. Hezbollah is a Mideast terrorist organization, Shiite, connected to Iran, that has a lot of American blood on its hands--241 marines killed at the end of a runway in Beirut in the 1980s by Hezbollah. They are running out of money because President Trump has really isolated Iran as their benefactor. So now they are upping their game by associating with Maduro.
Maduro now has a business relationship with Hezbollah at a level we haven't seen before. Funding this terrorist organization from narcoterrorist activity in Venezuela threatens America's interests in the Middle East. This is not a hypothetical connection; it is a real connection. So I am hoping that the body will understand that what President Trump is doing is not only lawful but necessary.
We have a drug caliphate in our backyard. We have Mexico; we have Colombia; we have Venezuela; and we have Cuba. These are all nations-- some of them allied with us--that have enormous drug problems, and they have lost their sovereignty in Mexico over parts of the country. But I am focused on Venezuela.
Venezuela truly is not a legitimate government under Maduro. He stole the election. He is an indicted drug dealer. It is not legitimate. It is a threat to the United States.
So I am glad to see that President Trump has put narcoterrorist drug organizations and countries that support them on notice that we will fight back to protect our people. As these drug boats flow toward us, I think President Trump sees it as a killing machine. If a boat full of al-Qaida guys were coming to the United States, what is the right answer? Blow them up before they get here. If you have a drug boat full of drugs, run by narcoterrorists associated with Mideast terrorists, blow them up before they get here. But we have to do more than blow up the boat; we have to go to the problem on the land: Who loads the boats? Who makes the money off the boats?
So I don't know where this is going in Venezuela, but I know this: President Trump has said that Maduro's days are numbered. They should be.
What I like a lot about President Trump: He is a man of peace until he is not. He is seeking peace all over the planet. He stopped eight conflicts. He will be the first one to tell you that. I like the idea of a President wanting to make peace, not war, but he is a man not to be trifled with.
I think he decided early on that narcoterrorism emanating from our backyard is not going to be tolerated any longer.
There is a new game in town. You do this at your own risk.
I just want to let him know and the country know that not only do I think he has the legal authority; I think he is doing the right thing.
You are saving a lot of lives by stopping this boat traffic from getting to our shores, and if you need to take down the organization that funds the boats and supplies the boats, that is a direct threat to the United States, associated with Mideast terrorist organizations, tell us what you are up to, but do what you have to to protect America.
So at 5 o'clock, we are going to take a very consequential vote. I would urge my colleagues: Whether you like President Trump or not, whether you agree with him about politics, this is bigger than you, and it is bigger than him.
I did the same thing for Obama. When he went into Pakistan to kill bin Laden, I didn't think for 1 minute Congress had to authorize that action. He was taking out a mastermind of terrorism. That made us safer. It was in a
sovereign country called Pakistan that was no longer reliable when it came to policing bin Laden. I supported that operation because he had the legal authority, and it was the right thing to do. I supported President Bush 41. I supported Reagan when he went into Grenada to take down building Cuban influence, where Cubans were beginning to have a footprint in Grenada that was adverse to our national security interests when Cuba was aligned with Russia and other bad actors. So we have had a policy of policing our backyard.
But on this vote--Senator Kaine is a good friend--we just see things differently. He is saying that in America, there is really not a single Commander in Chief. He is saying that in America, you can't conduct hostile actions unless the Congress as a body approves it.
What he is saying is what the Constitution rejects. If they wanted us, as the Framers of the Constitution, to give approval to continue hostilities, they would have done so. They resided in us the power to declare war, and that is the power reserved to us, but that doesn't mean the President can't use military force when necessary to protect our Nation without a declaration of war. And the reason I know that is true: We have only declared war five times in 250 years, and we have had hundreds of military operations--some authorized and some not.
So to my colleagues today: Please understand this constitutional check and balance. It has served our country well for 250 years. We live in polarized times. Don't let your emotions drive you into doing something that would weaken our Nation. I can't think of anything more critical to weakening our Nation than to have Congress be the Commander in Chief; us; 535 people who have a hard time deciding when to go to lunch.
So I am hoping that this resolution--well-intended--will be voted down not because I like President Trump but because I believe the constitutional structure that was created a long time ago has served us well as a nation, and if we vote to change that structure, we will do great damage to our Nation and our national security.
So I would urge a ``no'' vote this afternoon.
I yield the floor.