In the classic play Romeo and Juliet, William Shakespeare, through Juliet, stated that "A rose by any other name would smell as sweet." This frequently quoted phrase has rung true through the centuries since Shakespeare penned it into existence, and its truth is again being exemplified in the current crisis in Kosovo, where a peacekeeping mission has taken on the distinctive trappings of war.
Consider the following allegory: our rose -- war -- has been given another name -- peacekeeping mission. The new name has not altered the "smell", or characteristics, of the war. Significantly, however, the name changes one thing: it allows the President to disregard the war-related system of checks and balances that are a part of our Constitution.
To clarify, two questions must be answered. First, what are the characteristics of war? And, second, how has the President disregarded the Constitutional provisions?
According to John Jay in No. 3 of the Federalist Papers, "The just causes of war, for the most part, arise either from violations of treaties or from direct violence." It is clear that the Founding Fathers held these two causes (violation of treaties and direct violence) as the only major reasons why the United States should instigate war. It is also clear that the Founding Fathers viewed these two tenets as causes of war ONLY if the United States was directly involved. Obviously, in the case of Kosovo, the United States is not directly involved in the causes of war. A treaty of which we are a part has not been violated, and we have not been the victims of direct violence.
Devoid of legitimate cause, the U.S. has, regardless, donned the uniform of war through its deployment of troops and machinery to a foreign country. Even Congress has agreed that "bomber and missile strikes constitute acts of war". (1) The Founding Fathers' true intent for our national defense system was to protect our citizens, provided that there was a valid reason, as outlined above. In this case, rather than protecting citizens, we are jeopardizing the lives of soldiers, not because of an U.S. security crisis, but in a totally unrelated effort to help bring peace to a civil conflict in Europe. (2)
President Clinton stated as much in his remarks preceding the initiation of military strikes:
"Our objective in Kosovo remains clear: to stop the killing and achieve a durable peace that restores Kosovars to self-government, the self-government that President Milosevic stripped away from them a decade ago. We and our NATO allies, and Russia, all agree that this is the right goal. The Kosovar Albanians have accepted this course. Only President Milosevic and Serbia stand in the way of peace. Serbia's mounting aggression must be stopped." (3)
However noble his goal, the President is not authorized to use our defense system for a purpose so completely different from that for which it was intended.
So, in answer to the first question, the undeniable smell of war that we detect in our disguised rose is the use of our defense system, and the accompanying risk to the U.S. citizens being deployed.
The answer to the first question also addresses the second: what were the President's Constitutional violations? Specifically applicable is the argument that our armed forces are not intended to be assigned to this kind of mission. Still, the problem runs deeper.
Article I, Section 8, of the Constitution grants Congress the ability to declare war. Because jurisdiction over this area has been specifically granted to Congress, the President, even as Executive Officer (according to Article II, Section I), does not have the capability to assume it.
There are a number of factors involved in the declaration of war. The President may ask for a declaration, which must then be approved by the House of Representatives and the Senate. On March 24th, 1999, the date that President Clinton authorized the beginning of the air strikes, Congressman Tom Campbell, from California, made the following observation:
"I highly regret the President's commencing of this action. He did not wait for the other half of Congress, the US Senate, to vote on a resolution regarding the use of force. Nor did he supply the prerequisite reports and findings required by the House of Representatives in its conditional resolution of support of two weeks ago. In so acting, President Clinton has, as other Presidents before him, acted in defiance of the US Constitution, which vests the sole right to declare war in the US Congress." (4)
President Clinton, in effect (but not name), declared war on March 24th. In so doing, he violated the spirit, if not the letter, of the Constitution. Also, as mentioned by Congressman Campbell, the President did not supply the prerequisite reports that had been requested by the House of Representatives (with concurrence of the Senate). These reports, requested in the `Peacekeeping Operations in Kosovo Resolution' of March 16th, were meant to ensure that protective measures be taken both for our troops and for our national security. (5) It was wrong for the President not to comply with this requirement from the House.
In answer to the second question, then, the President, by renaming his rose, has avoided the Constitutional duties associated with war by not citing proper Constitutional justification (treaty violation or direct violence) for deploying our troops, and not waiting for the approval of both houses of the Congress before proceeding. In addition, he ignored the extremely important request for reports from the House of Representatives.
Perhaps most importantly of all, this rose by another name has left the American public a bit off its guard. President Clinton has told us that,
"Seeking to end this tragedy in Kosovo and finding a peaceful solution is the right thing to do. It is also the smart thing to do, very much in our national interests, if we are to leave a stable, peaceful and democratic Europe to our children. We have learned a lot of lessons in the last 50 years. One of them surely is that we have a stake in European freedom and security and stability. I hope that can be achieved by peaceful means. If not, we have to be prepared to act. " (6)
Sadly, the President is using the happy ideals of saving innocent Kosovars, ensuring European peace for posterity, and showing support for NATO, to detract from the fact that our soldiers are now engaged in the bloody mess of war.
Emily Younger is the Vice-president and Director of Constitutional Studies at the Center for American Freedom.
Endnotes: (1) S. J. RES. 12, 106th CONGRESS, 1st Session, "Authorizing the conduct of air operations and missile strikes as part of a larger NATO operation against the Federal Republic of Yugoslavia (Serbia and Montenegro)", February 23, 1999; (2) STATEMENT BY THE PRESIDENT TO THE NATION, March 24, 1999; (3) REMARKS BY THE PRESIDENT ON THE SITUATION IN KOSOVO, March 22, 1999; (4) "Statement by Congressman Campbell on Kosovo", March 24, 1999; (5) H. CON. RES. 42, 106th Congress, 1st Session, "Peacekeeping Operations in Kosovo Resolution", March 16, 1999; (6) REMARKS BY THE PRESIDENT ON THE SITUATION IN KOSOVO, March 22, 1999
