[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[House]
[Page 5466]
[From the U.S. Government Publishing Office, www.gpo.gov]




    U.S. MILITARY ACTION TAKING PLACE IN SERBIA IS UNCONSTITUTIONAL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Paul) is recognized for 5 minutes.
  Mr. PAUL. Mr. Speaker, U.S. military forces are now bombing a foreign 
nation halfway around the world. This cannot be a proud moment for 
America. The reason given for doing so is that Serbian leaders have not 
done what we have told them to do.
  Serbia has not invaded another country but is involved in a nasty 
civil war, with both sides contributing to the violence. There is no 
American security interest involved in Serbia. Serbia has not 
threatened us nor used any force against any American citizen.

                              {time}  1945

  As bad as the violence is toward the ethnic Albanians in Kosovo, our 
ability to police and stop all ethnic fighting around the world is 
quite limited and the efforts are not permitted under constitutional 
law. We do not even pretend to solve the problems of sub-Saharan 
Africa, Tibet, East Timor, Kurdistan, and many other places around the 
world where endless tragic circumstances prevail.
  Our responsibility as U.S. Members of Congress is to preserve liberty 
here at home and uphold the rule of law. Meddling in the internal and 
dangerous affairs of a nation involved in civil war is illegal and 
dangerous. Congress has not given the President authority to wage war.
  The House resolution regarding Kosovo was narrowly, reluctantly, and 
conditionally passed. It was a nonbinding resolution and had no effect 
of law. Even if it did, the resolution dealt with sending troops as a 
peacekeeping force to Kosovo only if a peace agreement was signed. 
There was no mention of endorsing an act of war against Serbia. 
Besides, the resolution was not the proper procedure for granting war 
powers to a president.
  The Senate resolution, now claimed to be congressional consent for 
the President to wage war, is not much better. It, too, was a sense of 
Congress resolution without the force of law. It implies the President 
can defer to NATO for authority to pursue a war effort.
  Only Congress can decide the issue of war. Congress cannot transfer 
the constitutional war power to the President or to NATO or to the 
United Nations. The Senate resolution, however, specifically limits the 
use of force to air operations and missile strikes, but no war has ever 
been won with air power alone. The Milosevic problem will actually get 
worse with our attacks, and ground troops will likely follow.
  It has been argued we are needed to stop the spread of war throughout 
the Balkans. Our presence will do the opposite, but it will certainly 
help the military-industrial complex. Peaceful and cooperative 
relations with Russia, a desired goal, has now ended; and we have 
provoked the Russians into now becoming a much more active ally of 
Serbia.
  U.S. and NATO policy against Serbia will certainly encourage the 
Kurds. Every argument for Kosovo's independence can be used by the 
Kurds for their long-sought-after independence. This surely will drive 
the Turks away from NATO.
  Our determination to be involved in the dangerous civil war may well 
prompt a stronger Greek alliance with their friends in Serbia, further 
splitting NATO and offending the Turks, who are naturally inclined to 
be sympathetic to the Albanian Muslims. No good can come of our 
involvement in this Serbian civil war, no matter how glowing and 
humanitarian the terms used by our leaders.
  Sympathy and compassion for the suffering and voluntary support for 
the oppressed is commendable. The use of force and acts of war to pick 
and choose between two sides fighting for hundreds of years cannot 
achieve peace. It can only spread the misery and suffering, weaken our 
defenses and undermine our national sovereignty.
  Only when those who champion our war effort in Serbia are willing to 
volunteer for the front lines and offer their own lives for the cause 
will they gain credibility. Promoters of war never personalize it. It 
is always some other person or some other parent's child's life who 
will be sacrificed, not their own.
  With new talk of reinstituting the military draft since many 
disillusioned military personnel are disgusted with the morale of our 
armed forces, all Americans should pay close attention as our leaders 
foolishly and carelessly rush our troops into a no-win war of which we 
should have no part.

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