Kenneth Feagins
SLEC Member
Fellow SLEC members, our government has sharply escalated matters with Venezuela, including the capture of the Venezuelan president and his wife, while claiming the United States is “going to run” Venezuela until a transition of power can be completed. We have seen this pattern before.
I have drafted a resolution addressing not only these actions, but similar past and future actions, focused on the office itself and the ongoing dysfunction of Congress. I intend to bring this forward as a motion Sunday evening. I am currently traveling and may have limited cell coverage in the meantime.
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Reaffirming Constitutional War Powers and Condemning Unauthorized Military Action
WHEREAS, the United States Constitution vests the power to declare war exclusively in Congress under Article I, Section 8; and
WHEREAS, the authority of the President as Commander in Chief under Article II is limited to directing military forces once Congress has lawfully authorized hostilities, and neither that authority nor the War Powers Resolution permits the President to initiate hostilities independently; and
WHEREAS, constitutional authorization for hostilities requires affirmative congressional action, cannot be inferred from congressional silence or inaction, and no declaration of war or specific Authorization for Use of Military Force has been enacted authorizing military action in Venezuela; and
WHEREAS, the executive branch, acting through the Office of the President, has initiated, directed, or authorized the use of military force or military-backed operations on multiple occasions absent congressional authorization, thereby removing institutional restraint and increasing the risk of regional destabilization, escalation, retaliation, asymmetric warfare, and prolonged conflict; and
WHEREAS, the use of the U.S. military to abduct or forcibly remove foreign officials on foreign soil, outside the jurisdiction of the United States and absent congressional authorization, constitutes the initiation of hostilities and an act of war undertaken without constitutional authority; and
WHEREAS, Congress has failed to exercise and enforce its constitutional duty to declare war and restrain unauthorized military action, including by continuing to fund such hostilities, which constitutes acquiescence to unconstitutional action and must be remedied through explicit statutory restraint; and
WHEREAS, these constitutional principles apply equally to past, present, and proposed uses of military force, regardless of geographic location, stated justification, or partisan alignment, and opposition to unconstitutional uses of force does not constitute support for any foreign government, regime, official, or alleged criminal conduct; and
WHEREAS, permitting the executive branch to unilaterally determine when constitutional war powers apply renders constitutional limits meaningless and erodes the constitutional structure of the Republic;
NOW, THEREFORE, BE IT RESOLVED, that the Libertarian Party of Texas unequivocally condemns, as a violation of the non-aggression principle, individual liberty, and constitutional limits on power, the initiation of hostilities by the executive branch absent a declaration of war or specific congressional authorization, including the use of the United States military for extrajudicial seizure, regime change, or law-enforcement objectives abroad; and
BE IT FURTHER RESOLVED, that the Libertarian Party of Texas unequivocally condemns, as a failure of constitutional duty and a violation of the separation of powers essential to liberty, Congress’s abdication of its Article I responsibility to declare war and restrain unauthorized military action; and
BE IT FURTHER RESOLVED, that the Libertarian Party of Texas calls upon the Texas congressional delegation to reassert Congress’s exclusive war powers, prohibit funding for unauthorized hostilities, and place constitutional duty and the liberties of the people above partisan loyalty or political expediency, while demanding transparency and constitutional compliance from the executive branch; and
BE IT FINALLY RESOLVED, that this resolution applies irrespective of political party, administration, or individual officeholder, and reaffirms the Libertarian Party of Texas’s commitment to peace, non-intervention, separation of powers, and constitutional governance.
In short: Presidents will continue to exceed constitutional limits so long as Congress refuses to do its job. Liberty demands that Congress reclaim its war powers and restrain executive overreach, regardless of party.
I have drafted a resolution addressing not only these actions, but similar past and future actions, focused on the office itself and the ongoing dysfunction of Congress. I intend to bring this forward as a motion Sunday evening. I am currently traveling and may have limited cell coverage in the meantime.
------------------
Reaffirming Constitutional War Powers and Condemning Unauthorized Military Action
WHEREAS, the United States Constitution vests the power to declare war exclusively in Congress under Article I, Section 8; and
WHEREAS, the authority of the President as Commander in Chief under Article II is limited to directing military forces once Congress has lawfully authorized hostilities, and neither that authority nor the War Powers Resolution permits the President to initiate hostilities independently; and
WHEREAS, constitutional authorization for hostilities requires affirmative congressional action, cannot be inferred from congressional silence or inaction, and no declaration of war or specific Authorization for Use of Military Force has been enacted authorizing military action in Venezuela; and
WHEREAS, the executive branch, acting through the Office of the President, has initiated, directed, or authorized the use of military force or military-backed operations on multiple occasions absent congressional authorization, thereby removing institutional restraint and increasing the risk of regional destabilization, escalation, retaliation, asymmetric warfare, and prolonged conflict; and
WHEREAS, the use of the U.S. military to abduct or forcibly remove foreign officials on foreign soil, outside the jurisdiction of the United States and absent congressional authorization, constitutes the initiation of hostilities and an act of war undertaken without constitutional authority; and
WHEREAS, Congress has failed to exercise and enforce its constitutional duty to declare war and restrain unauthorized military action, including by continuing to fund such hostilities, which constitutes acquiescence to unconstitutional action and must be remedied through explicit statutory restraint; and
WHEREAS, these constitutional principles apply equally to past, present, and proposed uses of military force, regardless of geographic location, stated justification, or partisan alignment, and opposition to unconstitutional uses of force does not constitute support for any foreign government, regime, official, or alleged criminal conduct; and
WHEREAS, permitting the executive branch to unilaterally determine when constitutional war powers apply renders constitutional limits meaningless and erodes the constitutional structure of the Republic;
NOW, THEREFORE, BE IT RESOLVED, that the Libertarian Party of Texas unequivocally condemns, as a violation of the non-aggression principle, individual liberty, and constitutional limits on power, the initiation of hostilities by the executive branch absent a declaration of war or specific congressional authorization, including the use of the United States military for extrajudicial seizure, regime change, or law-enforcement objectives abroad; and
BE IT FURTHER RESOLVED, that the Libertarian Party of Texas unequivocally condemns, as a failure of constitutional duty and a violation of the separation of powers essential to liberty, Congress’s abdication of its Article I responsibility to declare war and restrain unauthorized military action; and
BE IT FURTHER RESOLVED, that the Libertarian Party of Texas calls upon the Texas congressional delegation to reassert Congress’s exclusive war powers, prohibit funding for unauthorized hostilities, and place constitutional duty and the liberties of the people above partisan loyalty or political expediency, while demanding transparency and constitutional compliance from the executive branch; and
BE IT FINALLY RESOLVED, that this resolution applies irrespective of political party, administration, or individual officeholder, and reaffirms the Libertarian Party of Texas’s commitment to peace, non-intervention, separation of powers, and constitutional governance.
In short: Presidents will continue to exceed constitutional limits so long as Congress refuses to do its job. Liberty demands that Congress reclaim its war powers and restrain executive overreach, regardless of party.
