A Proposed 28th Amendment
to the
Constitution of the
United States of America:
War Powers Authorization by Public Vote
Suggested by Michael P.
Garofalo
First Draft on May 30, 2007; Fourth Draft on July 4, 2011
The President of the United States and the U.S. Congress shall retain the power
to take immediate military actions in response to serious and imminent threats
to the security of the people and/or property of the United States of America.
The President may take immediate action and deploy our Armed Forces to repel an
invasion of the United States.
When we have a political or military situation that is not an immediate and/or
direct threat to the safety and security of the people of the United States of
America, coming from military forces from outside of the United States of America, and involves and requires
a serious decision about a major commitment of United States military resources,
then:
1. The United States shall be at war only after a declaration of war, naming the
specific enemy nations, is approved by the President and by a two-thirds vote of
the eligible members in both houses of Congress, and, afterwards, within
50 days, the same declaration of war is approved by at least
66% of the voters in a special Go to War Ballot.
2. After the proposed military action is approved by 66% of the
registered voters, then all
adults over 18 years of age living in the United States will pay an annual War
Tax. Every adult
in the United States will pay the annual war tax for a minimum of four years.
The War Tax will be determined by Congress based upon the cost of the proposed
and actual War, and updated annually in March.
3. If the proposed military action is approved by 66% of the voters, then we
will dramatically improve the short term and long term pay and benefits for
those in military service during the approved military action (War) and for all
veterans of the Armed Forces of the United States of America who served during
the approved military action. We will support our Armed Forces with more than
adequate manpower, equipment, and supplies to successfully complete their
mission in the shortest time possible.
4. The approved military action (War) will be only for a four year period. At
the end of the four year period, the military action (War) can proceed only
after a second 66% approval by popular vote and Congressional/Presidental vote for another four year period.
5. This amendment will include detailed provisions and procedures for how and when to decide for a public vote.
6. This amendment will include detailed
provisions and procedures for dealing with participation by
the United States government in limited and shared humanitarian and
peace-keeping missions of the United Nations.
Arguments in Favor of
the Proposed new 28th Amendment:
1. Many Americans delight in blaming elected officials and bureaucrats, or the
political party they have a knee jerk dislike for, for questionable military
actions like in Iraq (Republicans) or in Vietnam (Democrats and Republicans).
Now they will have to point the finger of blame towards themselves for voting to
approve military actions that will cost billions or trillions of dollars and will result in
the destruction of property, injuries, and deaths for thousands of people.
2. Many Americans are just “sunshine patriots” who object to increased taxes to
pay for military wars (or any reasonable increased taxes), and object to
serving, and have never served nor their children served, in the United States
Armed Forces. Their “contribution and commitment” to our military efforts are to
tie a yellow ribbon on a tree, put a bumper sticker on their car, cheer for the
political party in power that they like, chide others about “not supporting our
President,” and watch a TV clip on a Memorial Day service. With the 28th
Amendment, adults would, at least, be required to vote themselves for the military action
(War), and, if approved, everyone must pay something for the military action with a
War Tax for four years.
3. The 28th Amendment in no way takes away the authority of the President and/or
Congress to take immediate action to respond to serious and imminent threats or
attacks against the United States of America.
Our recent invasion of Afghanistan, in my opinion, is an example of a prompt and
legitimate Presidential and Congressional response to a clear and present danger
to our security from the Taliban leaders hiding and supporting terrorist gangs
who had attacked the United States on 9/11. However, such tactical attacks
should be limited in scope and duration. We should not have been in
Afghanistan for five years without approval of the voters. On the other
hand, our recent pre-emptive
and costly invasion of Iraq is clearly a case where many years of political action and
debate preceded the invasion of Iraq, nearly all countries advised us against
taking the military action, we had no United Nations support, Iraq had not
declared war against the United States, Iraq had no weapons of mass destruction
it was threatening to use, and no Iraqis had attacked the United
States; therefore, it would clearly have been a situation that would come under
the 28th Amendment requirement for a popular vote on whether or not to invade
Iraq.
4. Requiring a 66% approval by popular vote is reasonable and appropriate
considering the seriousness of the decision. In many States, we require a 66%
approval rate just to increase taxes on property. Spending billions or trillions of dollars
on a military action and destroying the lives and property of thousands of
people is a far more serious matter than increasing property taxes to pay for
local infrastructure improvements to public water and sewer systems.
5. Placing a time limit (four years) on the approved military action (War) is
reasonable. If the facts show that the original reasons for entering a war were
incorrect or fabricated, then the voters can choose to not approve continued
military actions. The public might also want to consider recalling or impeaching
inept or duplicitous federal elected officials; and the dismissal of incompetent
appointed officials, federal bureaucrats and military personnel working in
military “intelligence.”
Even with the 28th Amendment, 66% of the voters might have approved a military
invasion of Iraq in 2002 because of the 9/11 revenge frenzy and panic over false WMD
reports from the President;
but in 2006, less than 40% of Americans approved of the war in Iraq and would
not have voted to approve continuation. Also, knowing of the aversion of our
typical “sunshine patriots” to paying any additional War Taxes for four years,
and their unwillingness to take any personal responsibility for supporting our
wars themselves, we might not have gathered the 66% of the popular vote in 2002 to invade Iraq in the first place.
6. Everyone should pay for a military action (War) that 66% of the voters
approve. It should not be just the middle classes, the wealthy, and businesses that
must pay for a war. A poor person, or a retired person, or an
unemployed person’s vote counts just as much as a wealthy person’s vote.
Everybody, including illegal aliens in the U.S., should pay for the approved
military action for four years. We should not make somebody else, or our
grandchildren, pay for a war we approved.
7. In this country, local police officers get better pay and benefits and
ongoing support than the men and women in the Federal Armed Forces, and our
federal military veterans. Which job is more dangerous: issuing a ticket for not
wearing a seat belt in Fresno, or going searching for insurgents in Baghdad? The
28th Amendment makes improving the pay and benefits for the men and women in the
Armed Forces, and for their families, and for Armed Forces veterans a top
priority. Should the soldiers not make the
same pay and benefits as the Haliburton Corporation security employees working
in Iraq who are paid from contracts from the U.S. federal government? Those who truly shoulder the burden of war should have fair
compensation and support; and the lazy “sunshine patriots” will just have a few
less toys to play with on the Fourth of July.
8. Joining in coalitions with other countries to combat terrorism or other
threats to international security, or joining with military efforts to support
United Nations resolutions, makes good sense. We should listen to the good
advice of other countries from around the world. However, if we choose to go to
war in a situation where an imminent threat to our own security is not supported
(e.g., Bosnia, Gulf War, Iraq), then the decision to take serious and involved
military action should be made by popular vote as per the 28th Amendment.
9. The amount of the War Tax for four years should be set by auditors and
the Congress at the time of the vote. The amount should pay for a war and
its consequences at home and abroad. A variety of tax approaches could be
used: a fixed rate tax charge, a fixed percentage of income tax, or a Federal
sales tax could be used to raise the revenue to fight the needed war. The amount should provide fair compensation
for members of the Armed Forces.
The United States invaded Iraq in 2003 and left Iraq in 2011.
Reports
are that we spent over $4.2 trillion dollars on the Iraq War, which we
initiated, killed 654,000 Iraqis, and had 4,480 American soldiers killed in
action in Iraq and 32,000 wounded, and left Iraq in a political mess. How
much extra have you paid in taxes to finance this war? President Bush
financed this war by sending the country into deep debt. The President
Bush gave us $600.00 tax
rebates in 2008 so that we will spend more to boost the profits of corporations
like WalMart, Sears, Chevron, United Airlines, etc, helping to boost the
manufacturing economics of foreign countries. The people who
vote for these wars should pay for the war!
It might be reasonable to distribute costs over a 10 year period. The New York Times had a interesting way of showing how we could have better used just $1.2 trillion of what we have spent bringing "democracy" to appreciative Sunni and Shite Moslems in Iraq.
10. The procedure of deciding how and when to call for a public vote giving our government war powers will need to be worked out in detail. Here is one suggestion from me: The Congress will vote (66% majority of both Houses) on whether the military and political circumstances warrant calling for a public vote, and no authority can be granted by the Congress to allow the President nor can the President unilaterally conduct a serious military action (war) in a non-emergency situation under 28th Amendment rules. After the Congress and President have approved a public vote on War Powers Authorization, then it shall be put to a public vote within 50 days in all States. The federal government will pay for all costs for conducting this public vote on War Powers Authorization. All persons working in polling booths will be paid $100 by the federal government.
11. It makes sense to
give the President and Congress some latitude when considering and agreeing to
participate in humanitarian and peace-keeping missions of the United Nations.
I don't think it necessary to require a public vote on war powers to
participate, along with many other countries, with shared expenses, in efforts,
for example, to stop Christians from killing Moslems in Bosnia, stopping
genocide in Rawanda, distributing food to the starving people in Somalia or
Chad, helping with relief after the Indian Ocean Tsunami, helping with relief
after the disastrous earthquakes in Pakistan or India, or helping to stop the
horrors in Darfur. As long as others are helping and shouldering the
responsibilities, then we need to proceed in a timely manner. If other
countries don't want to help with these problems, as with Darfur, then shame on
us all as we stand aside and watch with tears in our eyes. As I recall,
the United Nations did not support our invasion of Iraq, nor do 66% percent of
Americans now in 2008 support our spending hundreds of millions of dollars a day to kill
insurgents and do police work in Iraq.
12. Would we not prefer open public discussion, open debates, and a open popular
vote decision on such a serious matter as going to war? Most of us are quite
content to let our elected federal representatives make decisions on most
matters of government, and to respond efficiently and effectively to emergency
situations. However, a decision for the United States to go to war, when no
imminent threat to our security is evident, is too grave a matter to leave
solely to our elected federal officials and their supporting bureaucracy. The
American voters should stand up and be counted as to their willingness to wage
war, and to support their own decisions with personal sacrifices and War Taxes
appropriate to wartime. In this way, our hardworking elected officials will know
the true will and resolve of the American public, and this will help reduce the
divisive federal partisan political disagreements that produce internal rancor
and give hope to our enemies.
Thank you for your consideration,
Michael P. Garofalo
Red Bluff, California
Fourth Draft, July 4, Independence Day, 2011
Third Draft, Tax Day, April 15, 2008
Second Draft,
St. Patrick's Day, March 17, 2008
First Draft, Memorial Day, May 30, 2007
If you would like to help get this 28th
Amendment in place: 1) Compose a better version of the proposed Amendment, 2)
write to your federal and state legislators asking them to support this
amendment, 3) email and share these ideas with your friends, 4) write to
newspapers and organizations in support of the amendment, 5) get television newscasters to give a
sound bite on the matter, 6) bring the idea up gracefully with coworkers
over lunch or on breaks, 7) discuss on your blog or webpage, 8) believe that citizens can change the course of
history for the United States of America, 9) believe that The People can
again take control of the policies of the American government, and 10) believe
that working for peace
in the world is really worthwhile.
Suggested Reading
Other Suggestions for Amendments to the Constitution By Mike Garofalo.
Congressional War Powers: Too Many Options to Forget
The Peace Amendment. By Harry Browne.
War Powers Act - Or How to Avoid Declaring War on Another Nation
War Powers Resolution: Yale Law School
War Powers Resolution: Wikipedia
War Powers Amendment: The Governance Imperative
Zero Population Growth Amendment Proposal By Michael P. Garofalo
Search Terms, Tags, Indexing Terms, Search Engine Tag Cloud:
War Powers of President of the United States
Limiting the War Powers of the President of the United States
Limiting the War Powers of the Congress of the United States
Public Vote on War in the U.S.A.
Public Vote on Going to War in the United States
International Peace and Reconciliation Efforts, Movements, Causes
Stop Wars, End Wars, Bring the Troops Home
Limiting Presidential and Congressional Powers to Wage, Enter, or Start Wars
United States War Powers Limitations
Public Rights to Decide on Wars
Putting War to a Public Vote
Ideas for Reducing the Federal and State Budgets that Might Appeal to Tea Party
Members
Ideas for Reducing the Federal and State Budgets that Might Appeal to Fiscal
Conservatives
Suggestions for New Amendments to the U.S. Constitution, Constitutional
Revisions
The Right to Wage War - A Public Decision
Ending Imperial Presidential Powers in the United States of America
Voters Guide, Voting for a New Constitutional Amendment
Stopping Presidential Dictatorship in the USA, Constitutional Amendment
Proclamation
Bushwacker Amendment
Improving Pay and Benefits for Armed Forces Personnel of the USA
Our Soldiers Deserve Better
Populist Democracy, Power to the People, Bill of Rights, 27 Amendments
Citizens Must Pay for War
Peace Now, Peace First, Additional Amendments to the U.S. Constitution
Peace Movement, Peace and Freedom, Peace Amendment
Bring the Troops Home
Cost of War, Financing War, Paying for War, Funding the War
Proposed Amendments to the U.S. Constitution, New Constitutional Amendments
Everyone Must Bear the Burden of War
End the Wars Amendment
Stop the Wars Amendment
Prevent the Wars Amendment
Peaceful World Amendment Proposal
American Peace Initiative Constitutional Amendment Proposal
Memorial Day Constitutional Amendment Proposal
New Constitutional Amendment Proposals
Proposal to Limit War Powers of the President of the United States of America
Garofalo Amendment
Peace Amendment
Tea Party Ideas for Reducing Federal and/or State Taxes
Conservative Economic Ideas for Reducing Federal and/or State Taxes
Proposal to Limit the War Budget Powers of the Congress of the United States of
America
Proposal for a 28th Amendment to the Constitution of the United States of
America
Let the Public Decide If We Want to Go to War
Support Our Troops: Pay for Their Honorable Service
Don't be a Lazy, Tax Avoiding, Silly Sunshine Patriot
Support the President: Vote for and Pay for All Wars
End the "Joint Resolutions on War" by Congress
Stop the War Games of Congress and the President
War Powers Authorization by Public Vote
Michael Garofalo's War Powers Authorization by Public Vote Constitutional
Amendment Proposal
Mike Garofalo's Proposal for a 28th Amendment to the United States Constitution