War & law quiz for

presidential candidates

Braun, Edwards, Kerry, Kucinich, Sharpton

split on legality of war acts

 

     Five presidential candidates answering a questionnaire on war and law disagree on whether they might initiate hostilities without congressional approval. They vary also on the legality of preventive war, use of nuclear weapons, termination of treaties, and the three wars since 1999.

 

     While recognizing Congress’s constitutional power to declare war, Senators John Edwards (D-NC) and John Kerry (D-Mass.) believe that a president sometimes may take military action on his own in the national interest. But former Senator Carol Moseley Braun (D-Ill.) says the Constitution allows only Congress to decide whether to initiate war. Rep. Dennis Kucinich (D-Ohio) and the Rev. Al Sharpton would first have Congress declare war prior to hostilities.

 

     Edwards believes that a president may “deploy the military when it serves the best interests of the country and our interests abroad....” And Kerry says in national emergencies a president may act quickly to prevent loss of life or defend national security interests. But Braun, Kucinich, and Sharpton want Congress to make such decisions.

 

     The San Francisco-based Presidential Candidate Survey sent all of them identical questions. It likewise queried President George W. Bush and Democrats Wesley Clark, Howard Dean, Rep. Richard Gephardt, and Senator Joseph Lieberman -- none of whom have replied.

 

     Braun and Kerry think a nation may lawfully strike first in case of an imminent military threat. Edwards, while affirming the right of self defense, suggests that war as a first resort of foreign policy may violate international law. Kucinich says the United Nations Charter allows force only by a nation under armed attack or as the Security Council authorizes. Sharpton believes that preventive or preemptive war is unlawful.

 

     Any presidential use of nuclear weapons is considered illegal by Sharpton and Kucinich, who says treaties ban them. The other three do not reject nuclear weapons use under all circumstances. Of the five, only Kerry believes that a president has the implicit constitutional authority to terminate a treaty on his own. The Constitution does not address that issue.

 

     Edwards and Kerry, who both voted for Congress’s October 2002 resolution on the use of armed force against Iraq, believe the war that began last March has been lawful. But Braun says Congress let the president usurp its war power. Kucinich and Sharpton consider the three latest wars illegal; the other three candidates say the Afghan and Yugoslav actions have been legal.

 

     The survey is a joint project of the San Francisco Examiner and the War and Law League with endorsement by various groups and individuals, mostly academics. Questions were mailed in November with letters from Prof. Peter G. Keane, law school dean at San Francisco’s Golden Gate University, and six weeks were allowed for reply. 

 

     One endorser, Saul H. Mendlovitz, professor emeritus of peace and world order studies at Rutgers University law school in Newark, NJ, commented then, “Candidates for the presidency of the United States have an obligation to the citizens to give their views on these significant questions concerning security and the rule of law.”

 

     More detailed summaries follow, arranged alphabetically by candidate. Then come the full texts of the replies. The texts will also be on http://www.sfexaminer.com/.

 

 

                

  Ms. Braun pledges no war without Congress’s OK

 

     A country may legally head off “a truly imminent military threat ... if based upon more than hyperbole and unsubstantiated intelligence,” says Carol Moseley Braun, former Democratic senator from Illinois and former ambassador to New Zealand. 

 

     However, she promises, “As president, I will not wage war without congressional consent.”  Given credible information about an imminent threat against the U.S. or its allies, “I will present the evidence for military action to Congress.” She observes that the framers of the Constitution gave Congress the power to declare and fund wars and the president the power to wage war after Congress declares it.

 

     Now “Congress funds wars it hasn’t declared, creating a Constitutional imbalance in favor of the executive branch.” In Iraq particularly, “Congress allowed the president to usurp its constitutional authority....” But she says the 1999 U.S.-NATO war in Yugoslavia and the U.S. war in Afghanistan have been legal. (Congress did not vote for the former. On Sept. 14, 2001, Congress voted to let the president fight anyone that he determined aided the September 11 terrorism or harbored anyone who did.)

 

     In a congressionally declared war, she says, a president may legally use nuclear weapons but may not “begin a nuclear conflict by availing ‘first strike’ capabilities.”

 

    Ms. Braun (formerly Moseley-Braun) says only Congress may end a treaty, not a president.

 

 

 

Edwards intends to serve U.S. interests and heed law

            

     Senator John R. Edwards (Dem.-NC) believes that it is a president’s obligation as commander-in-chief to do whatever is necessary to provide for the nation’s defense, “But we must always recognize the larger framework of international law when we make decisions about defending ourselves.”   

 

     Edwards takes issue with the notion of military force as a first resort and the expansion of the concept of self-defense to a doctrine of “preemption,” denying that it makes Americans more secure.

 

     He tells the Presidential Candidate Survey that “the United States must be the world’s leader against the proliferation of nuclear weapons.” However, he does not rule out a role for such weapons in U.S. defense.

 

     Edwards does not agree with the theory that a president may terminate a treaty on his own.  Once a treaty is signed and approved by the Senate, the U.S. is bound by it, he contends.

 

     Although, if elected, he would “work closely with Congress on all questions relating to military force,” he believes that a president as commander-in-chief of the armed forces “has the authority to deploy the military when it serves the best interests of the country and our interests abroad.” 

 

     The North Carolina senator upholds the legality of the Yugoslav, Afghan, and Iraq wars.

 

           

         Kerry affirms lawfulness of presidential power

 

     Senator John F. Kerry (Dem.-Mass.) asserts presidential authority “in accordance with U.S. law.” He says a president has the right to take preemptive military action in the face of an imminent threat, to use nuclear weapons, and to terminate a treaty,

 

     However, he scores what he calls the Bush doctrine of preemptive war. He fears that developing new, smaller nuclear weapons called “mini-nukes and “bunker-busters” would make the U.S. less secure by thwarting its longstanding aim of nonproliferation, maybe setting off a new nuclear arms race. And he regards abandoning the Anti-Ballistic Missile Limitation Treaty and the Kyoto climate accord as mistakes.

 

     Kerry says a president should generally consult and report to Congress -- with full and accurate information -- when sending armed forces into combat, and he recognizes Congress’s power to declare war. But he believes that the president needs to act quickly without consulting Congress in a national emergency or the like “to prevent the loss of life or significant damage to U.S. national security interests.”

 

     He affirms the legality of the latest three U.S. wars. All received his support, though he would have preferred more of a coalition behind the Iraq war. He would give the United Nations authority over the processes of Iraq’s reconstruction and governance and the transfer of sovereignty to Iraqis.

 

               

              Kucinich assails war actions

 

 

     Rep. Dennis J. Kucinich (Dem.-Ohio) believes that the policy of preventive war violates the United Nations Charter and that several U.S. treaties “render the use of nuclear weapons criminal acts.” He would involve the Senate in any decision to terminate a treaty, and he would not start any foreign military action without a Congressional declaration of war. 

 

     “I am deeply disturbed by the recent concentration of war powers in the executive branch,” Kucinich writes. He pledges to “work to restore our systems of checks and balances” and would “insulate the intelligence community from political influence.” He would use a “Department of Peace to avoid crises....”

 

      He considers the Iraq war unlawful because Congress did not declare war, the United Nations Security Council did not authorize war, and the U.S. was not under armed attack. UN

mechanisms can deal with situations like Iraq, he says. (The representative voted against letting the president decide whether to attack Iraq. On Oct. 10-11 the House said “yea” 296-133, the Senate 77-23.) He wants the U.S. to seek a UN resolution for an exit strategy. 

 

     Kucinich holds that the Afghan war has not been conducted according to international law, inasmuch as civilians have been bombed. (But he voted for the war resolution of Sept. 14, 2001, which Congress adopted with only one dissenting vote.) He says also that the U.S. and

NATO bombings of Serbia in 1999 violated the UN and NATO charters and the Constitution.

 

 

Sharpton: no undeclared or preventive war, no nukes

 

     Without any equivocation or elaboration, the Rev. Alfred C. (Al) Sharpton, Democrat of New York City, has answered “no” or “yes” to all eight questions offering those options in the questionnaire from the Presidential Candidate Survey.

 

     Sharpton does not believe that what has been called preventive war or preemptive war is lawful or that a president can lawfully use nuclear weapons. Nor does he believe that a president has the constitutional authority to terminate or withdraw from a treaty on his own.

 

     If he became president, he indicates, he would not initiate any war or foreign military action against a country without first having Congress declare war against that country. Further, he would leave it to Congress to decide whether or not a war or foreign military action was warranted.

 

     He does not think any of the three latest U.S. wars has been legal. They are the war in Iraq that began in March 2003, the war in Afghanistan that began in October 2001, and the bombing war against Yugoslavia (Serbia and Montenegro) in which NATO participated.

 

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Text of candidates’ answers to questions of war and law

 

   Below are the questions on war and law and the unabridged texts of the answers of the five presidential candidates who responded, listed alphabetically by candidate. At the end comes a list of those associated with the Presidential Candidate Survey.

 

     Each question from 1 through 8 offered the option of answering “YES,” “NO,” “OTHER OPINION,” or “NO COMMENT,” but candidates were invited to explain any opinions. 

The ninth was an essay-type question in two parts.

 

 

                       Answers by Carol Moseley Braun

 

1. Do you believe that what has been called preventive war or preemptive war is lawful?

    OTHER OPINION
    Although preemptive and preventive war differ in nature, the ability of a country to defend itself against a truly imminent military threat is legal, if based upon more than hyperbolic and unsubstantiated intelligence.


2. Do you believe that a president can lawfully use nuclear weapons?

    OTHER OPINION

    In a war declared by Congress, a president may use nuclear weapons, but cannot begin a nuclear conflict by availing “first strike” capabilities.


3. Do you believe that a president has the constitutional authority to terminate or withdraw from a treaty on his own?

    NO

    Only Congress has the power to terminate treaties they have ratified.



4. As president, would you initiate any war or foreign military action against a country without first having Congress declare war against that country?

    OTHER OPINION

    Constitutionally, Article I, Section 8 gives Congress the ability to declare war because Congress directly represents the people. As President, I will not wage war without Congressional consent.


5. As president, would you leave it to Congress to decide whether or not a war or foreign military action against a country was warranted?

    OTHER OPINION
    If presented with credible information regarding an imminent threat against the United States and/or its allies, as President I will present the evidence for military action to Congress.

 

6. Do you believe that the war in Iraq that began in March 2003 has been lawful?

    OTHER OPINION

    In the unconsidered rush to war, Congress allowed the President to usurp its Constitutional authority over declaring war.

 

7. Do you believe that the war in Afghanistan that began in October 2001 has been lawful?

    YES



8. Do you believe that the U.S.-NATO war in Yugoslavia in 1999 was lawful?

    YES



9. (A) What problems, if any, do you see in the way the Constitution’s war powers are being exercised?

 

    The Constitution was written to balance the power of the executive with the powers of the judiciary and the legislature. The framers of the Constitution, in their wisdom, gave Congress the duty to declare and fund wars, and the President the authority to wage wars, once declared. In the current paradigm, Congress funds wars it hasn’t declared, creating a Constitutional imbalance in favor of the executive branch. This creates an atmosphere ripe for the abuse of executive authority, as seen in the misadventure in Iraq and the undermining of our domestic civil liberties through the enforcement of the USA PATRIOT Act.

(B) How would you remedy them?

 

    To remedy this problem, as President, I will respect Constitutional safeguards with regard to the checks and balances upon federal and executive authority.

 

                                              Chicago, Ill., Dec. 28, 2003

 

                      ________________________________________________

                         

 

                                                  Answers by John Edwards

 

1. Do you believe that what has been called preventive war or preemptive war is lawful?

 

      We have a right to self-defense. But we must always recognize the larger framework of international law when we make decisions about defending ourselves. Instead, some in the Bush administration seem to believe that military force can and should be used as first resort to meet our foreign policy goals. By elevating the basic concept of self-defense into a so-called “preemption doctrine,” the Bush Administration has hurt our credibility in the eyes of the world, and has not made Americans more secure.



2. Do you believe that a president can lawfully use nuclear weapons?

 

              I believe that the United States must be the world’s leader against the proliferation of nuclear weapons. I also believe that it is the President’s obligation as Commander-in-Chief to do whatever is necessary to provide for the nation’s defense.



3. Do you believe that a president has the constitutional authority to terminate or withdraw

from a treaty on his own?

 

      I believe that when the President signs a treaty and Congress ratifies it, the United States is bound by its terms.



        4. As president, would you initiate any war or foreign military action against a country without first having Congress declare war against that country?

 

      Congress clearly has a constitutional role in declaring war, and as President I will work closely with Congress on all questions relating to military force. Maintaining Congressional support for our military actions abroad is absolutely vital. But I also believe that as Commander-in-Chief, the President has the authority to deploy the military when it serves the best interests of the country and our interests abroad – as President Clinton did in Bosnia, Kosovo, and against Al Qaeda in Afghanistan, and as I believe we must do to fight terrorists who are planning to attack the United States.



5. As president, would you leave it to Congress to decide whether or not a war or foreign                                                military action against a country was warranted?

 

        No.



6. Do you believe that the war in Iraq that began in March 2003 has been lawful?

 

        Yes.



7. Do you believe that the war in Afghanistan that began in October 2001 has been lawful?

 

                Yes.



 8.  Do you believe that the U.S.-NATO war in Yugoslavia in 1999 was lawful?

 

        Yes.

 

      9. (A) What problems, if any, do you see in the way the Constitution’s war powers are

      being exercised? (B) How would you remedy them?

 

          [No answer.]

    

                              Raleigh, NC, Dec. 22, 2003

                  ____________________________________________

 

                                                Answers by John F. Kerry

         

1. Do you believe that what has been called preventive war or preemptive war is lawful?

     Yes—American presidents have always had a right of pre-emption to address imminent threats. I support the right of pre-emption in the face of an imminent threat. But the Bush doctrine of pre-emptive war is a dangerous departure from the time-tested principles of American foreign policy that have kept us safe.

 

2. Do you believe that a president can lawfully use nuclear weapons?

     Yes—The President must retain the option of using nuclear weapons. It is important, however, that U.S. policy never make nuclear weapons-use more likely or the possession of nuclear weapons more desirable. I have grave concerns, however, that the Bush administration policies have done just that.

     I am opposed to the Bush administration’s attempts to develop new nuclear weapons, and I have denounced an Administration-backed proposal to fund research into a new generation of nuclear weapons known as “mini-nukes” and “bunker-busters.” Developing these smaller and more usable nuclear weapons will make America less secure by setting back our country's longstanding efforts to lead an international non-proliferation regime. It could set off a dangerous new nuclear arms race, while seriously undermining our ability to work with the international community to address nuclear proliferation threats in places like North Korea and Iran.

     In announcing my candidacy, I said, “Now is the time for bold leadership that makes the world safer from nuclear dangers, not more eager for new weapons. I don’t want a world with more useable nuclear bombs. I don’t want America to turn its back on half a century of effort by every President to reduce the nuclear threat. I’m running to put America where we rightfully belong -- leading the way to a new international accord on nuclear proliferation to make the world itself safer for human survival.”


3. Do you believe that a president has the constitutional authority to terminate or withdraw from a treaty on his own?

    Yes—While the Constitution does not expressly confer on the President authority to terminate or suspend international treaties, the authority is implied in his office. Under U.S. law, the President has the power to suspend or terminate an agreement in accordance with its terms; to make the determination justifying U.S. termination or suspension because of supervening events, and to proceed to terminate or suspend an agreement on behalf of the United States; or to elect not to suspend or terminate. That said, George Bush made an egregious error in abandoning the Kyoto Accord, and in abrogating the ABM treaty.



4. As president, would you initiate any war or foreign military action against a country without first having Congress declare war against that country?

      Other Opinion—The President must act in accordance with U.S. law. In general, the President should consult with, and report to, Congress when U. S. armed forces are used in combat situations. In instances of national emergency and similar circumstances, the President must reserve the right to act quickly without consulting Congress or receiving express Congressional approval to prevent the loss of life or significant damage to U.S. national security interests.

 

5. As president, would you leave it to Congress to decide whether or not a war or foreign military action against a country was warranted?

     Other Opinion—The President must act in accordance with U.S. law. The President is commander of the armed forces of the United States and must take action as such to defend U.S. national interests. At the same time, Congress has the power to declare war and the President should respect this distinction.



6. Do you believe that the war in Iraq that began in March 2003 has been lawful?

     Yes—While the President took those steps required of him, I have been and remain concerned about the way in which he went to war; I would have preferred that he do so with a real coalition – though I would not have made this a precondition of action. Now, in the interest of our security and Iraq’s stability, the President should swiftly move to transfer sovereignty to Iraqis, and should obtain a UN Security Council resolution to put this process – and the broader process of reconstruction and governance in Iraq -- under UN authority.

 

 

7. Do you believe that the war in Afghanistan that began in October 2001 has been lawful?

     Yes—I supported the war in Afghanistan following the September 11th attacks against the United States. It was a necessary action undertaken with broad international support. We must continue to support the reconstruction of Afghanistan, and now that we have finally agreed to allowing international forces outside Kabul, we need to assist in actually getting the NATO forces out there. We also require more international forces, and we need to put them where they are needed. This is vital to preventing the reemergence of the Taliban, and creating the security for projects that create the needed infrastructure for building an Afghan economy – a key step in combating the production of opium and resettling refugees.



8. Do you believe that the U.S.-NATO war in Yugoslavia in 1999 was lawful?

     Yes—I supported President Clinton's actions and those of the NATO alliance in taking action to halt Serbian aggression and to prevent atrocities in Kosovo. I believe the legal proceedings against the perpetrators of crimes in the Balkans are an important post-conflict process.



9. (A) What problems, if any, do you see in the way the Constitution’s war powers are being exercised? (B) How would you remedy them?

     The Congress and the president have unique, important roles to play in the exercise of war powers. The strength of our system of government lies, in part, in the granting of these roles to two distinct bodies—the legislature and the chief executive. As commander-in-chief, I will always act to protect the United States of America. In doing so, I will always adhere to the laws and traditions of this nation. Responsibility, however, for the checks-and-balances of our system rests ultimately with both the President and Congress—both must play their roles. The President must always provide full and accurate information when consulting with Congress or seeking Congressional authorization for use of force.

                                         Washington, DC, Dec. 23, 2003

          

                  _____________________________________________

 

                        Answers by Dennis J. Kucinich

 

1. Do you believe that what has been called preventive war or preemptive war is lawful?

 

     No. The Bush Administration’s policy of preventative war violates Chapter VII of the United Nations Charter, which allows the use of force under only two conditions: (1) in self-defense when a nation is under “armed attack” and (2) as specifically authorized by the U.N. Security Council as a last resort to maintain international peace and security. Certainly neither condition held in the case of Iraq, as has been widely acknowledged—not just by U.N. Secretary General Kofi Annan but by Richard Perle, one of the war’s foremost supporters and member of the Pentagon’s Defense Policy Board.

     Furthermore, according to the U.S. Constitution “all Treaties made, or which shall be made, under the authority of the United States shall be the supreme Law of the Land.” Hence, because the U.S. is a signatory to the U.N. Charter, and because the Charter forbids preventative war, preventative war also violates the supreme law of the United States.

     The doctrine of preventative war is an extremely dangerous one; it could be used by China to justify an invasion of Taiwan or by any number of other countries to justify plain aggression. The U.S. should be leading the international community in rejection of preventative war, not championing it. I will move us away from the arrogant “go it alone” foreign policy of the Bush Administration, and work with the rest of the world to strengthen institutions of international law.

 

2. Do you believe that a president can lawfully use nuclear weapons?

 

     No. Article VI of the Constitution clearly obligates all U.S. government officials to abide by all treaties “made under the authority of the United States.” The United States is a contracting party to several treaties that effectively render the use of nuclear weapons criminal acts. In 1996, the World Court of the United Nations issued an Advisory Opinion condemning the use of nuclear weapons. The Court maintained that “states must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets.” Further, the use of nuclear weapons would violate principles of international law that forbid military tactics that cause serious environmental harm. The United States has a moral, as well as legal, obligation to lead the way to a world free of nuclear weapons. This can be accomplished without negatively impacting the military preeminence of the United States. There is no conceivable international crisis for which nuclear weapons are a viable solution. I will work for total nuclear disarmament.

 

3. Do you believe that a president has the constitutional authority to terminate or withdraw from a treaty on his own?


    No. Article VI of the Constitution clearly states that “all Treaties made, or which shall be made, under the authority of the United States, shall be the Supreme law of the land,” and further that “all executive and judicial officers, both of the United States and several states, shall be bound by oath or affirmation, to support this Constitution.” Once a treaty is ratified by the Senate, it becomes United States law. Article II, Section 3 of the Constitution states that the President “shall take Care that the Laws be faithfully executed.” It is therefore clear that the President is bound to abide by the terms of any treaties ratified by the Senate. As it is the constitutionally designated role of the Senate to ratify treaties, I believe that the Senate must also have a critical role in deciding whether a particular agreement is no longer in the best interests of the American people.

 

4. As president, would you initiate any war or foreign military action against a country without     first having Congress declare war against that country?


     No. Article I, Section 8 of the Constitution clearly states that “the Congress shall have power to declare War.” It was the intent of the Founders that war powers should be under the command of the people through their representatives, rather than in the hands of a single executive. As it is the sworn duty of the President to preserve and uphold the Constitution, there is no room for the President to take the United States military into war without the prior approval of Congress.

 

 

5. As president, would you leave it to Congress to decide whether or not a war or foreign military action against a country was warranted?

 

     Yes. While I would offer leadership and recommendations and use the resources of the Department of Peace to avoid crises that can result in war, as clearly stated in Article I, Section 8 of the United States Constitution, the power to declare war belongs to Congress. The presidential oath of office is a solemn promise to defend and uphold the Constitution.

 

6. Do you believe that the war in Iraq that began in March 2003 has been lawful?


     No. There was no declaration from the U.S. Congress. There was no U.N. Security Council authorization, nor was the U.S. under armed attack (see answer to question #1, above).

     Moreover, according to Human Rights Watch, some of our conduct of the war—particularly certain uses of cluster bombs—has violated the Geneva Convention. And our privatization of Iraqi government-owned industries is illegal under the Hague Regulations of 1907 and the Fourth Geneva Convention.

     There was no basis for a war in Iraq. It was wrong to go in, and it’s wrong to stay in. The United Nations provides appropriate mechanisms for dealing with situations like Iraq. The fact that no weapons of mass destruction have been found in Iraq underscores the effectiveness of the UNSCOM and UNMOVIC inspection regimes. Furthermore, Iraq was not connected to the tragedies of 9/11. We should not be sacrificing the lives of our brave men and women for the profits of Halliburton, Bechtel, and other corporate interests. This disastrous mission must be ended before any more lives are lost. It is urgent for the United States to go to the U.N. with a new resolution that contains the basis of an exit strategy.

 

7. Do you believe that the war in Afghanistan that began in October 2001 has been lawful?

 

     No, it has not been conducted lawfully. We have bombed civilian targets, in violation of international law. We in Congress did not authorize the bombing of civilians in Afghanistan. Nor did we ask that the blood of innocent people, who perished on September 11 be avenged with the blood of innocent villagers in Afghanistan. We did not authorize the administration to wage war anytime, anywhere, anyhow it pleases. September 11 was a criminal act, not an act of war. War is something that occurs between states, and terrorists have no permanent home. Al Quaeda has terrorist cells in more than 70 nations. In the past six months, terror attacks have increased dramatically throughout the world. It is clear that the Bush administration policy of “invade and occupy” is not only illegal, but also a total failure in reducing terrorist activity. To combat terrorism, the United States needs the cooperation of the world community. In capturing terrorists and disrupting terror cells, the cooperation of foreign authorities is of much greater value than large scale military interventions.



8. Do you believe that the US-NATO war in Yugoslavia in 1999 was lawful?

 

     No. The U.S. and NATO, in the name of a humanitarian cause, decided to undertake the bombing of Serbia and thereby violate the U.N. Charter, the NATO Charter, the Congressional intent in approving the North Atlantic Treaty, the U.S. Constitution, and the War Powers Act. The U.N. Security Council was the proper forum for debating such offensive action. NATO’s “humanitarian” bombing only served to compound violence in the region. The only thing that can keep NATO from being a global vigilante is international law. NATO clearly violated that law in Yugoslavia.

 

9. (A) What problems, if any, do you see in the way the Constitution’s war powers are being exercised? (B) How would you remedy them?

 

     I am deeply disturbed by the recent concentration of war powers in the executive branch. The Constitution states, in no uncertain terms, that the power to declare war belongs to Congress. The Framers intended that the decision to go to war should not be made by a single individual, but rather the collective judgment of the people’s representatives. However, the Bush administration has chosen to not uphold these constitutional principles. This administration wants the power to engage in acts of war without being held accountable by Congress or any standard of international law. Unfortunately, Congress has been all too willing to grant broad new powers to the executive, most notably in the forms of the Iraq resolution and the “PATRIOT Act.” As President, I will work to restore our system of checks and balances. It is critical to insulate the intelligence community from political influence so that our intelligence community cannot be hijacked to serve narrow ideological interests.

 

                                   Cleveland, Ohio, Dec. 15, 2003

 

            ________________________________________

 

 

                                     Answers by Al Sharpton

 

1. Do you believe that what has been called preventive war or preemptive war is lawful?

 

    NO.

 

 

2. Do you believe that a president can lawfully use nuclear weapons?

 

    NO.

 

 

3. Do you believe that a president has the constitutional authority to terminate or withdraw

from a treaty on his own?

 

     NO.

 

 

4. As president, would you initiate any war or foreign military action against a country without first having Congress declare war against that country?

     NO.

 


5. As president, would you leave it to Congress to decide whether or not a war or foreign military action against a country was warranted?

     YES.

 

 

6. Do you believe that the war in Iraq that began in March 2003 has been lawful?

    NO.

 

 

7. Do you believe that the war in Afghanistan that began in October 2001 has been lawful?

     NO.

 

 

8. Do you believe that the U.S.-NATO war in Yugoslavia in 1999 was lawful?

    NO.



9. (A) What problems, if any, do you see in the way the Constitution’s war powers are being exercised?

 

      [No answer.]

 

                                               New York, NY, Jan. 3, 2004

 

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            More on the Presidential Candidate Survey

    We list those associated with the Presidential Candidate Survey on war and law.  Letters to the candidates were from Peter G. Keane, dean and professor, School of Law, Golden Gate University, San Francisco. Other endorsers were as follows:

 

     (Groups:) American Friends Service Committee, Central Region, Des Moines, Iowa, and Pacific Mountain Region, San Francisco; Fellowship of Reconciliation, Nyack, NY; Gray Panthers, Washington, DC.  (Individuals:) George Bisharat, professor of law, Hastings College of the Law, University of California, San Francisco; Walter C. Clemens, Jr., professor of political science, Boston University; Mary Day Kent, executive director, Women’s International League for Peace and Freedom, U.S. Section, Philadelphia; Saul H. Mendlovitz, Dag Hammarskjold professor of peace and world order studies, emeritus, Rutgers University School of Law, Newark, NJ, founding director of World Order Models Project and chairman of international steering committee of Global Action to Prevent War; Jordan J. Paust, professor of law and director, International Law Institute, University of Houston Law Center; Manfred Steger, professor of politics and government, Illinois State University, and chairman of New Political Science Section, American American Political Science Association; Burns H. Weston, Bessie Dutton Murray distinguished professor of law,  emeritus, and director, Center for Human Rights, College of Law, University of Iowa, Iowa City, IA; and Marshall Windmiller, professor of international relations, emeritus, San Francisco State University.       

 

    The survey has been conducted by the War and Law League (WALL),  P.O. Box 42-7237, San Francisco, CA 94142, in conjunction with the San Francisco Examiner. The questionnaire and methods were developed by WALL’s Public Information Committee (Jeannette Hassberg, Paul W. Lovinger, Edward B. Rippy, Dolores Rodriguez,  Harry A. Scott, and James B. Smith) with suggestions by The Examiner, some of the above endorsers, and others. The above material,

including the top article and the five ensuing summaries, was prepared by WALL on Jan. 5, 2004.