McCain: Democrat move on Iraq 'unconstitutional'
McCain was critical of a plan to reduce troop levels
AYNOR, South Carolina (CNN) - Sen. John McCain, in the midst of a campaign swing through the Palmetto State on his "No Surrender Tour," told CNN Saturday that a plan gaining popularity among Senate Democrats to reduce troop levels in Iraq is "unconstitutional."
The proposal, originally crafted by Sen. Jim Webb, would mandate a certain period of troop rest between deployments, necessitating a reduction of forces in Iraq.
McCain, having just offered a vigorous defense of the war at a speech at Roger's Bar-B-Q House in Florence, South Carolina said that Congress has no business mandating the length of tours by servicemen.
"Where in the Constitution of the United States does it say that the Congress decides how long people will spend on tours of duty and how long they will spend back in the United States? It's blatantly unconstitutional," McCain said. "The Constitution of the United States said Congress will declare wars and fund wars."
The Senate takes up debate on the defense authorization bill Monday, and Webb's amendment would need 60 votes to avoid a Republican filibuster. Last time it came up for a vote in July, it received only 56 votes, though Democratic sources told CNN this week that they are closer to 60 votes this time around.
"Is this all about helping the men and women in the military having a lighter burden, or is this another way of achieving a goal that they can't get, a straight up or down vote on withdrawal?," McCain asked.
- CNN South Carolina Producer Peter Hamby
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McCain's arguement may convince a lot of stupid people. No the Constitution does not express that power to the congress, however we all know that the almost all of what the government does are outside the powers expressed in the constitution.
Something can be deemed unconstitutional if the supreme court decides that the constitution prohibits such an action.
This is another example of how politicians take advantage of average people. It sounds good to a lot of people but it is absolutely invalid.
Honestly I expected more out of John McCain. So much for straight talk.
I can't find anything that says that the current length of tours of duty (15 months for Army, Marines, whose standard tour is seven months, or the Army National Guard or Army Reserve, which serve 12-month tours.) are set based on anything other than tradition, necessity and or the whims of the dept. of defense, which is why they could make the standard tour increase to 15 months, from 12, which is double what combat tours once were.
Why McCain is railing against giving the troops, some who are on their THIRD or 4th tours, adequate rest, as a former soldier himself, because it is the only way that the current force levels can be maintained, is despicable.
That he's saying that Webb's bill is unconstitutional is kind of crazy, as the constitution doesn't FORBID the idea, and the length of a tour of combat, like the other aspects of the military, are subject to congressional oversight.
The bill is a political ploy, and so is McCain's ranting. The war is his issue and he's going to sink or swim with it.
Glug, glug, senator McCain.
BONE HEAD
here is a web site
http://senatorhill.com/articles/constitution.htm scrol down and find BALANCE OF POWERS
here is a better site http://www.usconstitution.net/consttop_cnb.html
CHECKS AND BALANCES
How did you get elected and be so ignorant on the constitution.
Who constitution are you referring to?
The Nazis constitution because in AMERICA that is the JOB of CONGRESS.
"Dang blasted democracies always get in the way to keep a war going"
Who ever district elected him. May god give you strenth in getting some education.
after reading this This guy is scarier then bush. I use to call him a clone. but he a BUSH CLONE ON STERIODS.
LOL go to google and type in "checks and balance constitution"
IT is congress job to keep the president in check.
"democracies i dont like em they always get in the way of doing wars"
boo hooo hooo
BUSH CLONE HYPED ON STEROIDS
Has Senator McCain ever addressed the issue of how many actions George Bush has taken that are "unconstitutional?"
Jeez, the silence is overwhelming.
McCain is completely wrong.
Congress has the express power, under Article 1, Section 8, paragraph 14, "[t] make rules for the government and regulation of the land and naval forces."
Therefore, Congress - and not the president - therefore has the right to regulate tours of duty. McCain's contrary suggestion reflects a lack of knowledge with the Constitution and will not fool anyone.
Yeaaahhh...about that. Isn't this in regards to the war that Bush went ahead with without his own needed approval from others? Last I know we haven't declared war since WWII. What does McCain have to say about the constitutionality of THAT?
Regardless of constitutionality, a gov't is supposed to represent the people and right now what the people want is to pull out.
No need to be concerned about a bumbling gasbag.
Interesting idea, Senator McCain! I've opposed reductions of troops in Iraq on purely moral grounds–I don't think we should abandon the many innocent people of that country to a life of fear and suffering at the hands of the terrorists. I didn't even think to look at how the troop reduction plans are illegal and unconstitutional!
Senator McCain, the free world thanks you for your support of America's mission in Iraq, no matter how "politically incorrect" that support may be!
I feel like perhaps the answer to McCain's question is Article I Section 8 "The Congress shall have power...To make Rules for the Government and Regulation of the land and naval Forces"
In response to Senator McCain's comment regarding the constitutionality of the congressional regulation of tours of service: the constitution clearly deliniates the connection between taxation and representation. This was, in fact, a primary cause for the American War of Independence. If the American electorate pay taxes, and are REQUIRED to pay taxes, then their opinion on the actions of congress CANNOT be dismissed. Because the war in Iraq is being funded by taxes paid by the American electorate, then the constitution clearly allows for the elected representatives of those taxpaying citizens to regulate war expenditure in Iraq or elsewhere. I am sorry, Senator, but you are incorrect. Congress IS imbued with the power to regulate all things that impact federal expenditure as funded by U.S. taypayer dollars – including military expenditure. The constitution does NOT state that the president has sole power over the purposes to which tax proceeds will go.
Of course the congress has the authority, McCain is pandering to the
pro-war base of the republican party.
McCain like all the other republican canidates except for Ron Paul are pandering to the right wing, pro-war, and religious zealots in the republican party.
May I ask the good Senator,
Where does it say in the Constitution that the President can conduct a war for half a decade, wasting billions of dollars of the people's money and allowing the deaths of thousands of Americans for a war that is only compromising national security? Especially when 2/3 of the country is against the war.
Has Senator McCain ever addressed the issue of how many actions George Bush has taken that are "unconstitutional?"
Posted By Bill, Streamwood, IL : September 15, 2007 8:31 pm
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There would not be enough air time for Senator McCain to speak if he did this. All George Bush does is walk all over the constitution every time he gets the chance.
It's certainly clear who gives a rats ass for the well being of the proud Americans in uniform and who does not. Seems to me that another possible "Commander in Chief has just eliminated himself from anyones serious consideration for that job.
Senator McCain should take the gun and go himself to the Iraq battle and become a martyr. What a good riddance that would be.
MCCAIN IS JUST ANOTHER BUSH, HE HAS BEEN RANTING AND RAVING FOR MORE TROOPS WE HAVE TO FIGHT ETC,ETC, HE NEEDS TO BE PUT OUT TO PASTURE. THAT IS THE PROBLEM WITH OUR COUNTRY NOW, THE INMATES ARE RUNNING THE ASYLUM.
You're a soldier and Senator, but as a lawyer, Sir, you're wrong on constitutionality until the Court says you're right. If Congress can defund, it can maintain readiness by granting leave.
Found it somewhat funny that he would mention how unconstitutional he believes this to be....ignorant of what the constitution states though. This administration has done more to damage our constitutional rights than any other. Regulating the war is not unconsitutional, but representative of congress' responsibilities.
It seems to me that McCain wants vendeta for what happened to him in Viet Nam. I am really very tired of the whole war thing. I support our troops, but feel we were manipulated into this war for oil. Our children will be paying for it for MANY years to come.
The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war. –James Madison (Source: Consitution of the USA)
When did he become such a manipulative gasbag? This is the same man who was touted as a Republican Democrats could vote for, and now he's just a shill for Bush's failed policies. Pathetic.
Americans... The problem I see is that no one asked you to sacrifice for the effort, and I bet that if it would have that many would not have the intestinal fortitude to due so.
McCain has... he knows what it takes to win, and what it means to have honor doing so.
Legal minutia and sound bites are what most politicians brag about and McCain puts honor above politics… I just wished others did too.
Thank you McCain, I know it's incovenient for anti-war supporters to be faced with something like the constitution but sometimes you just have to tell it like it is. McCain remains the only candidate who will tell the American people the truth no matter how much they don't want to hear it.
Also for those of you who continually accuse Bush of defying the constitution please tell me EXACTLY what he has done that is specifically forbidden in the constitution. Chances are you can't, you can only state things he has done that either aren't mentioned in the document or only mention part of what he has done. This has become a popular thing to say for those who oppose Bush but most who use this argument fail to mention what exactly he has done that is so wrong.
As a soldier deployed to Iraq I would be remiss if I didn't applaude the Democrats efforts to do the "right thing." I believe that the attempts of certain politicians to label such an effort as "unconstitutional" are the same one who erroneously claim that wanting our military to return from Iraq is "unpatriotic." For the first time there is a glimmer of hope that Congress may be able to do something to "support" the troops and their families. How can asking for more time home and less time deployed be seen as the wrong move? I can say one thing: it is what the troops want and need.
Wait, Congress wants to give the troops more time at home and McCain wants to keep them in harm's way. And who's accused of not supporting the troops?
TO all Iraq war supporters: the best way to support the troops is to not make them fight in an unjust and unnecessary war. At least the Democrats realize this.