28th Amendment: War Powers Authorization by Public Vote

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.

XXVIII (28th) Amendment to the Constitution of the United States of America

War Powers Authorization by Public Vote

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.

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 (e.g., Vietnam, Gulf War, Bosnia, Iraq, etc.), and involves and requires a serious decision about a major commitment of United States military resources, then:

1. The proposal to take military action must be put to a popular vote. At least 66% of the voters must approve the proposed military action (War).

2. If less than 50% of the registered voters actually vote in a War Powers Authorization election, then this fact will be taken to represent the considered judgment that 50% of the American public do not want the federal government to take the proposed military action, and the United States will not enter into War by taking the proposed military action.

3. If the proposed military action is approved by 66% of over 50% of the registered voters, then all adults over 18 years of age living in the United States will pay an annual War Tax. This War Tax, for example, will be no less than $150.00 per adult and no higher than $350.00 per adult per year, depending upon their income. Every adult in the United States will pay the annual war tax for a minimum of four years.

4. 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.

5. 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 of at least 50% of the registered voters for another four year period.

XXVIII (28^th) Amendment to the United States Constitution:
War Powers Authorization by Public Vote

When we have a military and political situation that is not an immediate and direct threat to the safety and security of the People of the United States of America, then:

1. The proposal to take military action (War) must be put to a popular vote. At least 66% of the voters must approve the ballot measure to begin military action (War).

2. If less than 50% of the registered voters actually vote in a War Powers Authorization ballot, then the United States will not enter into War.

3. If approved, then all adults over 18 years of age living in the United States will pay an annual War Tax for four years. Congress will set the War Tax.

4. If approved, 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 support our Armed Forces with more than adequate manpower, equipment, and supplies.

Arguments in Favor of a 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 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 should, at least, vote themselves for the military action (War), and, if approved, all would 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, our recent pre-emptive 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, and Iraqis had not 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 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 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 from over 50% of the registered voters 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 the corporations that 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. 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 arguable (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. The amount should provide fair compensation for members of the Armed Forces. Should a soldier at war not make the same pay and benefits as the city policeman in Fresno? 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? The amount might well be higher that I suggested above ($150.00 - $350.00 per year per adult.); or lower. Every adult should pay a War Tax.

10. 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.

Wally Herger, United States Congressman, 2nd District, California 5/8/2007 (His email contact form did not work.)

Nancy Pelosi, Speaker of the United States House of Representatives, United States Congress, 8th District, California 5/28/07

I have gotten 2 emails in response to my proposal as of 6/3/07 - both positive. I will keep plugging and wait four months.

1. This proposal is not well written.

Well, other constitutional experts can work to improve the language of the proposed Amendment. I see no other approach than a constitutional amendment for the public to regain control of and set policy directions for the President and Congress with respect to matters of war powers against countries that are not an immediate threat to the safety and security of these Unites States of America.

2. We don't need a War Tax. The federal government already collects enough taxes.

If this were true, why did the federal debt increase to staggering proportions during the Vietnam, Gulf and Iraq wars? Modern warfare is very expensive. This amendment also makes a serious attempt to address the shameful lack of support (i.e., in pay, benefits, medical, Veterans services, and logistical) for members of our Armed Forces. Making all citizens pay a War Tax, for a war they approved, places the burden of sacrifices and support directly on their own shoulders. It is a matter of principle: you have to pay yourself when you want "your enemies" killed.
Frequently, the very poor with many dependents pay little or nothing in federal taxes. Why should they not pay for a war they approved?

Baloney! Time and time again we have seen our Presidents exercise their authority to make tactical decisions to respond to threats to our national security. Nobody doubts that they will be decisive and strong in the future, even with the new 28th Amendment. However, were Vietnam, the Gulf War, Bosnia, or Iraq emergencies? No reasonable person, here or abroad, could argue that any of these situations posed an immediate threat to the safety and security of the people of the United States. They were strategic decisions by the President and Congress, and should have been put to public vote. The 28th Amendment does restrict the powers of the President, yes it does, that is its objective, but not unduly or unreasonably so.

4. What if our allies, with whom we have treaties, and sword mutual defense agreements, are attacked? How can the President act?

Good question. Anyone with a good answer? I figure that if 33% of the members of the House and Senate vote to call for a public vote for War Powers Authorization then it will happen. Also, the Supreme Court might also be used to determine when to call for a public vote on War Powers Authorization. What we don't want to happen is the party in majority control, under the political thumb of a President, to exclude the American public from making the decision on going to War or continuing at War.

Look at the situation we are currently in in June, 2007. From 60% to 70% of the American people are dissatisfied with the war in Iraq. The Congress and President are unable to take any constructive action together to end the war. This predicament should be unacceptable, and probably is to most Americans, but our current governmental policies and procedures provide us with no alternatives. The public is helpless and excluded. I vividly remember this happening before in the late 1960's over the Vietnam War. It is time to change the Constitution to prevent this unacceptable situation from occurring in the future.

7. Your just another $%#!!!*** weak, scared, bleeding heart, do nothing, liberal pacifist who is unwilling to support our honorable President's efforts to get back at those $%#!!!*** Muslim terrorists who attacked us on 9/11 and threaten us ... blah, blah, blah ....

What? This is an uninformed non-argument, classic ad hominem. Sounds like a Mike Savage tirade. Taking power away from government, giving it to the People, and making our citizens pay for their wars is a conservative position. I served in the U.S. Armed Forces for four years, and it helped me see the need for truly supporting our troops in the field and not just waving the flag and blowing hot air. I'm sure that millions of citizens would like to vote on this matter, and back up their vote by paying a War Tax if necessary. Let us end the fruitless debating and finger pointing and take a public vote on the matter. As for how I would have voted in 2002 or 2006, if the 28th Amendment was in place? I would have voted NO on the Iraq War. In my opinion, Iraq was not a "threat" to us, Iraq is now a millstone around our necks, the war is too expensive, we have increased terrorism, we have destabilized Iraq and opened the door to Iran's theocratic expansion, our President is a poor military leader, the federal debt is too high, too many people have died or been injured, and oil prices have skyrocketed since 2002.

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
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
The Right to Wage War - A Public Decision
Ending Imperial Presidential Powers in the United States of America
Stopping Presidential Dictatorship in the USA
Bushwacker Amendment
Improving Pay and Benefits for Armed Forces Personnel of the USA
Our Soldiers Deserve Better
Citizens Must Pay for War
Bring the Troops Home
Everyone Must Bear the Burden of War
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

Copy of email correspondence on 3/11/2008, Re: New Amendment: War Powers by Public Vote:

4. Lately, others have also been trying to gain support for other new Amendments to the Constitution of the United States of America:

    a) I heard that Mr. Mike Huckabee, Reverend Huck, a 2007 Republican candidate for President, wants to draft a new Amendment to the Constitution to assert that we are a Christian Values and Bible Loving Nation.   I think of what two former U.S. Presidents said on this matter. President John Adams said, ""The government of the United States is not, in any sense, founded on the Christian religion." President James Madison said, "During almost fifteen centuries has the legal establishment of Christianity been on trial. What has been its fruits? More or less, in all places, pride and indolence in the clergy; ignorance and servility in the laity; in both, superstition, bigotry, and persecution."
    Now, nearly two hundred years later, we have regressed so much in political wisdom that the muddle-headed President George H. Bush said "No, I don't know that atheists should be considered as citizens, nor should they be considered patriots. This is one nation under God." Nobody wants to know what our current unpopular President, George W. Bush, "thinks" about Reverend Huck's Christian Values Amendment for fear of hearing another bumbling and laughable response. The rotten peach seldom falls far from the tree. Seems like these non-thinkers never looked at polls that show that 16% of Americans consider themselves free thinkers, non-religious, or atheists. Atheist U.S. soldiers do hunker in foxholes, free thinkers proudly serve our country, and the non-religious do vote in elections at all levels of government.
     I do not support Revered Huck's Christian Values Amendment, because I have even fewer reasons than President James Madison to think that these endlessly arguing and pretentious Christians, Moslems and Jews are any wiser than the rest of us. Anyway, we already have the Bill of Rights and the First Amendment to the Constitution in place thanks to wiser men like Thomas Paine, Benjamin Franklin, James Madison, John Adams, and Thomas Jefferson.

b) Some want a new Amendment to make sure that only marriage between heterosexuals is allowed. Well, so much for life, liberty and the pursuit of happiness. Seems to me this is minor matter, of minor consequence to very few people. How many homosexuals want to get married? An Amendment for this case seems to me to be like using a sledge hammer to put a tack on a bulletin board. I'd leave the matter to local city ordinances.

b) Some want a new Amendment that bans all abortions. Well, so much for doctor and patient privilege, privacy, Rowe vs. Wade, and freedom of choice for women. If the proposed amendment was to make it a crime for a man to have a vasectomy, or a crime for a man to use a condom, would it be as popular as some bossy man's idea for how to make a woman do something against her will. Most modern countries in the world, like America, allow for early abortions.
Christians and Moslems and other male supremacists, of course, believe otherwise, and they can choose to live their own outmoded lifestyles; but, they should just leave the rest of us sensible people alone and mind their own business. Every year, the Christians in my neck of the valley put thousands of white crosses along the freeway to publicize the fact that thousands of unborn and unwanted 2 ounce fetuses were aborted, and in their view "murdered." These same Christians are never likewise concerned nor took the time to set out 800,000 white crosses to publicize the men, women and children who have been murdered in Iraq since the U.S. invaded their country. Most of the same people pounding these little white crosses into the Red Bluff dirt voted for and ardently support the President who is responsible for the fiasco in Iraq. They love this bumbling President primarily because he says that he against abortions and he bows his head in church. Don't they know that Republicans will never do anything to upset the gravy train of managed health care corporations who would rather inexpensively abort rather than provide health care for another dependent for 18 years. One man calls it "murder," another man "jihad," another man "Enduring Freedom" ... we should have learned by now not to trust in the opinions of bossy men. Let the woman and her doctor decide, and get the bossy man out of the room.

c) The gun lovers want a new Amendment expanding their rights to bear arms beyond those already guaranteed in the Second Amendment. Seems to me they are shooting their foot off as well as shooting their mouths off too often. Very few riflemen need another Uzi machine gun to proudly worship on their living room wall. Everyone on my block already has handguns and rifles in their homes - what is the problem? All we really need is one day a year to let the gun worshippers go outside, scream, rant, raise their fists in the air, and shoot off their guns in the sky (like they do in Palestine, Syria and Iran), kill a few people by accident, and this will appease the Gun God so that we can take the draft of the Second Second Amendment and lock it up in a gun case and forget about it till next year. Maybe the Second Second Amendment draft can be stored for safekeeping in Charlton Heston's mausoleum.

d) A few think we need a Constitutional Amendment to allow those not born in the United States, but naturalized U.S. citizens, to be able to run for the office of President. This is another case, for example, of using a Dodge Ram truck to pull a teddy bear home. Sorry, Governor Arnold Alois Schwarzenegger, be content with running for U.S. Senator ... hasta la vista, baby.

e) There are indeed many Americans, like me, who would like a Constitutional Amendment for a Public Vote on War Powers. We are frustrated with fumbling and secretive Presidents and with waffling Congressmen, and want to allow the Public to decide on whether or not we need to bring "democracy" to countries like Iraq or Vietnam. Do I think the "Public" is wiser? No!! Do I think it harder to get 66% to agree on entering a war and harder to get 66% to agree to pay a War Tax? Yes!!! This new 28th Amendment proposal just might contribute something to "International Peace and Conflict Resolution."