Why the War in Iraq is Illegal

The Constitution of the United States of America is the law of the land by which all citizens of The United States and their official representatives in government are bound. This is not a conservative or liberal opinion, but a fact of life in this country. Although it is not a perfect document...it has been amended twenty seven times...it has stood the test of time as one of the best experiments in government the world has ever witnessed.

The Constitution is written in concise language, spelling out the duties, responsibilities and privileges of each branch of our government. It is the basis of the illegality of the war in Iraq in which our nation is currently engaged. The Constitution provides for a separation of governmental powers to protect the citizens of The United States from a unitary executive system of government. It places oversight responsibility on the Congress over the Executive, as well as the Judicial over the Congress and Executive, as well as the Executive over the Congress. This is a system that works well when adhered to. The Oath of Office taken by every member of government and of the armed forces of The United States requires the promise to defend, protect and preserve the Constitution.

Article VI, paragraph 2 of the Constitution states:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

On June 26, 1945, The United States entered into a treaty. This treaty was subsequently ratified by the required two thirds vote of The United States Senate. This treaty was The Charter of the United Nations. As a charter member of The United Nations, and as the primary author of its charter, The United States is legally bound to adhere to that charter. This is not opinion, this is the law. I am not so naive as to think there are not those among us who think that The U.S. should withdraw from The United Nations. We are, however, currently a member of The U.N. and as such, whether we agree or not, bound by its charter. It is the supreme law of the land, just as the Constitution is the supreme law of the land. The government of The United States and every member thereof is bound by law to direct international relations in accordance to The Charter of The United Nations.

Chapter 1, Article 2 of The Charter of The United Nations states:
"The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll."

The invasion of Iraq violates at least the first four sections of this Article. That is a violation of not only international law, but also the law of The United States, as set by our own Constitution.

This country was founded on the rule of law. The colonists seceded from The British Empire to escape government by a unitary executive. I also took an oath to defend, preserve and protect The Constitution of The United States in 1970, when I enlisted in the U.S. Army. I have never thought that obligation ended with my discharge from service. There are times when our country must go to war. There is a right way and a wrong way to do that. It is not the decision of the Executive branch of government. And Congress has no authority to permit war outside the law as written. Until the people of this country see fit to amend this great document again, The Constitution of The United States of America indicts the invasion of Iraq and those who caused it to happen. This is an illegal war and those who brought this country into it are in violation of the law.