The power to declare war is explicitly given to Congress in the U.S. Constitution.
The U.S. House of Representatives and Senators are the public servants in the federal government with the closest links to the American people they take an oath to represent.
Article I, Section 8, Clause 11 states Congress has the power to declare war.
From congress.gov:
The Congress shall have Power . . . ] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . .
From senate.gov:
The Constitution grants Congress the sole power to declare war.
However, 83 U.S. Senators voted to allow NATO to decide when Americans will go to war.
“The Washington War Party just voted to allow NATO, not the representatives that we elect, to choose when Americans will have to die and fight in foreign conflicts,” Freedom Works, a grassroots advocacy group dedicated to freedom and small government, tweeted.
#BREAKING: The Washington War Party just voted to allow NATO, not the representatives that we elect, to choose when Americans will have to die and fight in foreign conflicts.
UNCONSTITUTIONAL. #ampFW https://t.co/JkNHFFeokI pic.twitter.com/ELYbYmBjlQ
— FreedomWorks (@FreedomWorks) July 20, 2023
Sen. Rand Paul (R-KY) proposed an amendment to the NDAA clarifying that Article 5 of the NATO treaty does not supersede the U.S. Constitution.
“Today I offered an amendment to the NDAA that would have clarified that Article 5 of the NATO treaty does not supersede the constitution,” Paul wrote Wednesday.
“It should have been an easy vote to affirm the Constitution, to vote against affirming the Constitution actually places doubt in the Constitution. But it was defeated 83-16,” he continued.
It should have been an easy vote to affirm the Constitution, to vote against affirming the Constitution actually places doubt in the Constitution. But it was defeated 83-16.
— Rand Paul (@RandPaul) July 19, 2023
“The power to declare war is the most important power and the most important vote that any legislator will ever entertain. See how your senator voted,” Paul continued.
The power to declare war is the most important power and the most important vote that any legislator will ever entertain. See how your senator voted: https://t.co/mkMgPRhdfD
— Rand Paul (@RandPaul) July 19, 2023
48 Democrats, 32 Republicans, and 3 Independents voted to give NATO the power to decide when Americans die in foreign conflicts.
16 Republicans know only Congress has the power to declare war.
govtrack wrote:
This was a vote to approve or reject amendment S.Amdt. 222 (Rand Paul) to S. 2226. The title of the amendment is S.Amdt. 222 (Paul) to S. 2226: To express the sense of Congress that Article 5 of the North Atlantic Treaty does not supersede the constitutional requirement that Congress declare war before the United States engages in war..
To make this easier, read the 16 Republicans who understand their constitutional duty, in regard to declaring war, and did NOT vote to give NATO this unlawful, non-existent authority.
- Tommy Tuberville – Alabama
- Marco Rubio – Florida
- Mike Braun – Indiana
- Roger Marshall – Kansas
- Rand Paul – Kentucky
- John Kennedy – Louisiana
- Josh Hawley – Missouri
- Eric Schmitt – Missouri
- Steve Daines – Montana
- J.D. Vance – Ohio
- James Lankford – Oklahoma
- Bill Hagerty – Tennessee
- Ted Cruz – Texas
- Mike Lee – Utah
- Ron Johnson – Wisconsin
- Cynthia Lummis – Wyoming
John Barrasso (R-WY) did not vote.
“The Senate just rejected Senator Paul’s proposal to clarify that Article 5 of the NATO treaty ‘does not supersede the constitutional requirement that Congress declare war.’ Treaties can’t declare war. Only Congress can do that. Inexcusable,” said Sen. Mike Lee (R-UT).
WATCH:
The Senate just rejected Senator Paul’s proposal to clarify that Article 5 of the NATO treaty “does not supersede the constitutional requirement that Congress declare war.” Treaties can’t declare war. Only Congress can do that. Inexcusable. pic.twitter.com/TK40JZhZC4
— Mike Lee (@BasedMikeLee) July 19, 2023
Tragically, only 16 U.S. senators—out of 100—voted today to clarify that no treaty can take us to war. Nothing in Article 5 of the NATO treaty supersedes the need for a declaration of war passed by Congress. Find out here how your senators voted: https://t.co/0fnbA5Rnnf https://t.co/ToOMHwPUDC pic.twitter.com/9oLIpzIyGh
— Mike Lee (@BasedMikeLee) July 20, 2023
My friend @BasedMikeLee gets it. Constitution > NATO treaty https://t.co/3JZBg8Vmbm
— Rand Paul (@RandPaul) July 20, 2023
The Washington Examiner reports:
Article 5 holds that an attack on any NATO member must be treated as an attack on the whole alliance, as part of the collective defense commitment.
Sen. Rand Paul (R-KY) introduced the measure as NATO membership for Ukraine is being discussed while the country is at war with nuclear-armed Russia.
The final vote was 83 to 16.
President Joe Biden has opposed admitting Ukraine to NATO while it is still at war with Russia to avoid being drawn into the conflict under Article 5, even as the United States and other Western allies fortify Ukrainian defenses against the Kremlin’s invasion.
The amendment needed 60 votes to pass. Instead, well over 60 senators voted against it.
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