No Justices No Peace: An Open Letter to the US Supreme Court

I am writing today because it is a New Year; a year that has begun with a milestone. 3,000 servicemen and women, 3,000 American Citizens have died in Iraq. The President's stubbornness (evident by his announcement to order another surge in Iraq) and Speaker of the House's political cowardice (evident by taking both impeachment and cutting off funding for Iraq off the table) have rendered both incapable of extricating us from the mess that is Iraq. Only you, the US Supreme Court; using strict interpretation of the constitution and Judicial Review can save us.

I call on the justices of the US Supreme Court to step forward and rescue us before the other two branches of government destroy the country and facilitate the deaths of more servicemen and women.

The Supreme Court has no legal authority to set military or foreign policy nor has it been granted any constitutional authority over appropriation of federal funds. However, it is the third branch of government and as such must check the other two, buy reviewing their respective actions when it is clear (or alleged) that they have violated the constitution.

I contend that such violations have occurred and should be reviewed by the court. My case is thus:

The US constitution states in Article I, Section 8:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;..."

We have been engaged in Iraq since 2003, which is well over two years. Some will argue that appropriation have been made annually. However, even if that wasn't splitting legal hairs; I contend that monies appropriated more than two years ago are still being used today (though without congressional oversight it is hard to determine where) in violation of Article I, Section 8.

Further, the article states that the calling forth of a militia can only be done under three specific circumstances, which do not include preemptive strikes for supposed threats which have all but been rejected as intelligence hyperbole.

I therefore contend that the congress has and continues, in its support of this war, violated the constitution.

The US Constitution states in Article II, Section 1:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

In as much as the President has asks for and used illegal appropriations in Iraq he is a co-conspirator to the congresses' violation and has failed in his oath to protect and defend the Constitution.

It is now up to the court to save us by finding both branches action in conflict with the constitution. I wish you luck and I pray for your attention to this matter. God Bless the Court and God Bless the United States of America.

Sincerely,

Larry D Fowler

US Army Veteran, US Citizen