Congress and US President Joe Biden are violating the US Constitution by sending military aid to Ukraine, warns former New Jersey Supreme Court Justice Andrew Napolitano in The Washington Times. Moreover, according to Napolitano, US soldiers are taking part in the Ukrainian conflict even though there is no legal reason to do so.
By giving military aid to Ukraine, US President Joe Biden is violating the US Constitution, writes former New Jersey Supreme Court Justice Andrew Napolitano in his article for The Washington Times.
As Napolitano notes, the Basic Law of the State is also being violated by the US Congress by spending taxpayers’ money on the Ukrainian conflict. According to the Constitution, only Congress has the power to declare war. However, it cannot legally declare war on Russia because there is no basis for it. Russia poses no threat to the national security of the United States. Moreover, the U.S. has no treaty with Ukraine under which Washington is obliged to help Kiev in the event of any conflict.
Although Congress last used this power during World War II, it has repeatedly allowed presidents to wage “undeclared wars”. As an example, the author of the article points to the “criminal invasions” of Afghanistan and Iraq, where no weapons of mass destruction were ever found.
The U.S. Congress not only failed to declare war against Russia, it did not even authorize the use of American military forces against it. Nevertheless, it has allocated Biden $113bn and allowed him to spend it on military equipment for Ukraine as he sees fit. And the president has promised to continue providing Ukraine with whatever it needs “for as long as it takes. That said, the White House is incapable of answering the question, “How much will be needed for what?” The fact is that Washington has no clear military objective for the Ukrainian conflict.
Moreover, Biden has gone even further. Congress only allowed weapons and funds to be sent to Ukraine, but the US president also sent troops. This, according to Napolitano, reminds him of the Vietnam War scenario: without declaring war, the authorities gradually built up the presence of American troops as advisers and instructors and then Congress supported military action based on “invented” reports of an attack on a US ship in the Gulf of Tonkin.
The former Supreme Court justice notes in his article for The Washington Times that the public does not know how many US soldiers are in Ukraine, but it is certain that they are engaged in hostilities. The fact is that the maintenance and operation of much of the equipment supplied by Washington to Kiev requires the knowledge and skills possessed by Americans.
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