My effort to inform interested Americans... New Web Site: www.cacp.info

Question # 1: Why did the FF’s use ‘common’ in "provide for the common defense" in the Preamble?

Answer: To answer this question we must remember the United States was not the "super-power" in 1787 that it is in 2003. It was a new nation made up of 13 very separate and very independent states that had just won a war "common" to all 13 states, against great odds, establishing the United States as an independent nation. .<>. Remember also the FF’s had been given the task of revising the existing Articles of Confederation, not writing a new constitution. Only after the constitutional convention began in May 1787 did the FF’s suggest the Articles of Confederation be set aside to find a more workable Constitution. Meanwhile Congress was struggling trying to govern under the weak Articles of Confederation. It was a difficult time for the new nation. Washington was gravely concerned. Great Britain, France, and Spain, the great losers in the Revolutionary War, were still world powers and were waiting near by, as one historian put it, "licking their chops" waiting for this new nation to collaspe. They were waiting to move in and reclaim what they had lost in the war. Spain was moving up the Mississippi River, and Great Britain was sitting on its borders (in Canada) ready to pounce and recover this struggling nation. .<>. Alexander Hamilton referenced these threats when he wrote "Though a wide ocean separates the United States from Europe, yet there are various considerations that warn us against an excess of confidence or security. On one side of us, and stretching far into our rear, are growing settlements subject to the dominion of Britain. On the other side, and extending to meet the British settlements, are colonies and establishments subject to the dominion of Spain. This situation and the vicinity of the West India Islands, belonging to these two powers, create between them, in respect to their American possessions and in relation to us, a "common" interest. The savage tribes on our Western frontier ought to be regarded as our natural enemies, their natural allies, because they have most to fear from us, and most to hope from them. ... These circumstances combined admonish us not to be too sanguine in considering ourselves as entirely out of the reach of danger." .<>. These five words - "provide for the common defense" anticipated the right of the people to be protected from all enemies, both externally and internally, who might seek to conquer or destroy this new nation, then or now. These threats to our security are real. The FF’s had a powerful vision to be able to foresee the RIGHT of this nation to defend itself, and they were unequivocal in their commitment to "peace through strength (a phrase we continue to hear in our day)." Benjamin Franklin wrote "The way to peace is to be prepared for war. They that are on their guard, and appear ready to receive their adversaries, are in much less danger of being attached than the supine, secure and negligent." George Washington stated "To be prepared for war is one of the effectual means of preserving peace." Later he would say "The safety of the United States, under Divine protection ...." Washington is quoted 57 times referencing God with the creation and protection of early America. Did Washington’s generation understand God’s role in creating and protecting America’s freedoms more than our present generation - and Supreme Court? A strong probability !

Question # 2: Who has the power to declare war to defend the United States - Congress or the President?

Answer: Only the Congress has the power to declare war. Article I, Section 8 of the Constitution is clear: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; ... To declare War; ... To raise and support Armies; ... To provide and maintain a Navy; ... To make Rules for the Government and Regulation of the land and naval Forces; ...To provide for the calling forth of the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions; ... To provide for organizing, arming, and disciplining the Militia; ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." .<>. What foresight the FF’s had! .<>. The Congress has declared war five times since 1787: 1. In 1812 against Great Britain; 2. In 1846 against Mexico; 3. In 1898 against Spain over Cuba; 4. In 1917 against Germany; 5. On December 8, 1941 against Japan, and 3 days later on Germany and Italy. .<>. It should be noted there was no declaration of war in the Korean conflict, nor in the Vietnam War. These were undertaken by the President (Harry Truman and John Kennedy) as commander in chief of the U.S. forces because of commitments to the regional organization (SEATO) under the United Nations. Failure of the Congress to declare war seriously complicated the administration of these two wars.

Question # 3: Did Korea, Vietnam, or the present war on terrorism change the responsibilities of Congress to declare war?

Answer: The Constitution is still clear on where the responsibility to declare war falls. Congress! But the division between the legislative and the executive branch of the government seems to be less clear than it was in 1941. Today’s war on terrorism has escalated heated debate on both sides of this issue, regardless of how war is fined or its purpose. Remember, however, that "Security without Freedom is Slavery." America’s freedom has always been precarious - ever since 1776!

All former issues of this newsletter are now posted on www.cacp.info . Parts of this newsletter were edited from the writings of Dr. W. Cleon Skousen with permission. Skousen’s book "The Making of America," and the video, "A More Perfect Union," are both available at www.nccs.net . To order call 1-800 388-4512 (after 10 a.m. EST) . Consider ordering ‘A More Perfect Union’ video and donating it to your local school or library system.