Tag Archives: rand paul

Response to Elie Mystal’s ‘Libertarian Hero Meets The Justice Of The Streets (Err.. Suburbs)’

Rand_Paul,_official_portrait,_112th_Congress_alternateI read Elie Mystal’s article on Rand Paul’s assault, which suggests such violent encounters are the inevitable result of libertarianism in practice. He makes two errors. First, he contends Rand Paul ignores the rules of his HOA based on his libertarian philosophy. Second, he contends basing a legal framework on the libertarian non-aggression principle (NAP) is unworkable.

Regarding the first error, libertarianism is based on the sanctity of voluntary contracts. An HOA is a perfect example of what libertarians would replace zoning regulations with – an enforceable contract voluntarily entered into by every individual, instead of a set of rules imposed on the whole by a supposed majority. Mystal conflates voluntary contracts with regulations near the end of his piece, writing, “Rand Paul’s broken ribs are a goddamn case study in why we need regulations.” This begs the question, “Why do we need regulations, rather than just enforcement of the HOA?”

Neither Mystal nor I know the terms of Rand Paul’s HOA contract, but if they prohibit either pumpkin patches or compost heaps, then Rand Paul appears to be in violation of that contract. Libertarians would side with the HOA, not Rand Paul. However, the HOA contract also provides penalties for violation of the terms, which I’m fairly certain don’t include bum-rushing him and breaking his ribs.

This all assumes there is any truth to reports Senator Paul used his property in ways his neighbors found offensive, whether compliant with the letter of his HOA agreement or not. Several of his neighbors have come forward since Mystal’s piece was written to refute those reports.

Even in the absence of a written agreement, libertarians recognize longstanding local conditions as binding on new property owners. Thus, I cannot come into a quiet community and build an airport on my land, subjecting my neighbors to the noise and other inconveniences of having an airport border their land. By the same token, I cannot buy the land next to an existing airport and then demand the airport stop making noise or doing the other things an airport must do to conduct its business. This principle extends to all sorts of questions, including air pollution, zoning, etc. Murray Rothbard wrote about this concept many times. Here is an example.

Second, Mystal’s article includes this passage:

“You can do what you want and I can do what I want and, so long as we’re not hurting anybody, the government can do nothing.” It’s… cute, as theories of social interactions go. It’s not a workable basis for law and governance.”

I would refer the writer to this passage from Thomas Jefferson’s First Inaugural address:

“With all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow-citizens — a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. [emphasis added]

In fact, Jefferson reiterated the NAP as the basis for law and governance many times over the course of his life. Examples include this, this and this.

Rather than a “cute theory of social interaction,” the NAP was the guiding principle of American liberty for well over a century, until Woodrow Wilson specifically called it out as no longer adequate for what he considered too complex a society for the NAP to govern. Libertarians disagree with Wilson. Mystal may not. But it would be a much more valuable discussion if libertarianism would at least be represented correctly when criticized, rather than presented in the cartoonish fashion our sound bite media so often resorts to.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Rand Paul’s Campaign Proved Libertarianism and Conservatism Are Antithetical to Each Other

1024px-Rand_Paul_by_Gage_Skidmore_7Google Rand Paul today and you’ll find stories about him suspending his presidential campaign under “Breaking News.” In one way it is; in another it isn’t. It’s really an old story, but those who don’t know history have been doomed (again) to repeat it.

Since William F. Buckley started National Review in the 1950s, libertarianism has been viewed as a subset of conservatism. Reagan affirmed this view in the 1970s, before rising to the presidency selling that same theory.

But what caused Reagan to fail to shrink the federal government (it doubled in size during his presidency) is the same problem that doomed Rand Paul’s presidential campaign. Libertarianism and conservatism are antithetical philosophies and any attempt to combine them will fail.

It is important to understand the philosophical differences here, because they do indeed dictate political positions today. I’ve written an entire book about this, but the crucial difference between libertarians and conservatives is this: true conservatives don’t believe man keeps his natural rights when he enters society. Understood properly, they don’t even believe they exist in nature at all.

Read the rest at The Huffington Post…

 

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Without Rand Paul It Isn’t a Debate, Trump or No Trump

Republican presidential candidate Sen. Rand Paul, R-KY, addresses the Sunshine Summit in Orlando, Fla., Saturday, Nov. 14, 2015. (AP Photo/John Raoux)

Republican presidential candidate Sen. Rand Paul, R-KY, addresses the Sunshine Summit in Orlando, Fla., Saturday, Nov. 14, 2015. (AP Photo/John Raoux)

The big news from last Thursday’s Republican Presidential Debate on Fox News was the absence of what Meghan Kelly called, “the elephant not in the room.” Thanks to the ongoing feud between her and front runner Donald Trump, the latter was not on the stage. In what was largely treated as a footnote, Rand Paul was.

Several media have asserted the debate was more substantive without Trump, the issues having more space in the absence of his overpowering personality and the likely attention that would have been paid to his controversial style. But it wasn’t Trump’s absence that made this debate more substantive. It was Rand Paul’s presence. Without him, the last spectacle wasn’t a debate at all.

Debate moderators are television people. They are interested in whatever makes the best television and gets the highest ratings. The debate moderators on Thursday, echoing the larger media narrative, continually pushed the establishment vs. anti-establishment theme. That’s certainly a phenomenon in this election cycle, but it really means nothing in terms of policy.

The whole purpose of this exercise is to determine the difference, if any, between the candidates seeking the presidency. Without Rand Paul, there isn’t a difference to determine, not even with Trump. Trumps style might be different, but he’s a lot more like an establishment Republican than the media narrative would have one believe.

Read the rest at The Huffington Post…

 

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Five reasons Donald Trump is a true conservative

Donald_Trump_by_Gage_Skidmore_3Republican politicians as disparate as Jeb Bush and Rand Paul have long decried Donald Trump as a fake conservative, who doesn’t truly believe in the movement’s first principles. National Review recently published an entire issue “Against Trump,” making the same argument.

They’re all wrong. Trump is the only true conservative running for the Republican nomination, outside of long shot Rick Santorum.

Since the Democratic Party abandoned classical liberalism for progressivism at the turn of the 20th century, the classical liberal ideas of laissez faire free markets, personal liberty and a noninterventionist foreign policy have needed a new home. Due to the outright hostility towards them in the progressive-liberal movement, they’ve largely resided within the conservative movement.

This is a very unnatural marriage between worldviews that are for the most part antithetical to each other. American history during the 19th century was very much a war between classical liberal and conservative ideas, with the former dominating the first half of the century and the latter the second half. But after Woodrow Wilson, classical liberalism had nowhere else to go. As a result, classical liberal ideas have become jumbled together with classical conservative ones.

For example, the natural consistency in supporting a laissez faire (i.e., “noninterventionist”) economy and a noninterventionist foreign policy has disappeared. Today, one finds rabid supporters of free markets also supporting a highly interventionist foreign policy. They’ve selected positions they like without understanding the philosophical basis for either, resulting in a confused, self-contradictory worldview.

This is why so many on the right have decried Trump as an inauthentic conservative. They don’t understand the difference between the classic conservative worldview that informs Trump’s positions and the classical liberal worldview that has found a dubious home within the conservative movement. In an attempt to sort this out, here are five reasons Trump is, indeed, an authentic conservative:

  1. He’s a protectionist. British and American Conservatives from Edmund Burke (outside the British Empire) to Alexander Hamilton to Abraham Lincoln to Herbert Hoover to George W. Bush have all been protectionists. It’s the natural economic expression of their worldview.
  2. He’s a nationalist. Conservatism can be split between Hobbesian centralizers and Burkean constitutionalists. Trump is a classic example of the former, placing “national greatness,” as fellow conservative centralizer Alexander Hamilton put it, above the rights of the individual. That all rights, including liberty and property, are revocable by the sovereign power in the interests of preserving the commonwealth are inherent conservative principles. Trump’s enthusiastic support for eminent domain is just one example.
  3. He’s a militarist. Trump has expressed skepticism about the Iraq War (it turns out he only opposed it a year after the invasion), but he’s also said the U.S. should invade Iran and take their oil. Like all conservatives in British and American history, he believes only a worldwide military empire can ensure the “greatness” he wants to restore to the nation.
  4. He’s a nativist. Distrust of foreigners is another foundational conservative principle. Conservatives believe any disruption of longstanding traditions is a threat to all of society. Immigrants naturally bring with them different perspectives, worldviews and skill sets. They not only represent competition for domestic employment (see #1), but threaten to introduce new sensibilities to the population, which is a threat to societal order.
  5. He’s a Police Stater. Trump’s suggestions to “shut down parts of the internet” and his denigration of freedom of speech are classic conservative tendencies. Conservatives have always promoted unlimited power for law enforcement. That’s because they see law enforcement as the only thing that stands between a peaceful society and the “war of everyone against everyone” Hobbes asserted was man’s natural state. The Patriot Act, Military Commissions Act of 2006 and Trump’s ideas about the internet are all classic conservative responses to perceived threats.

Trump is horrifying those on the right and the left because he represents a return to pure conservatism. Ironically, what attracts most everyday people to the conservative movement isn’t true conservatism at all. It’s the classical liberal ideas tenuously residing within conservatism which more naturally belong to today’s libertarians.

I’ve tried to sort all of this out in my latest book. You can read a free excerpt here.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

There is nothing new about the neoconservatives

nothing new

Robert Eno of Conservative Review named Rand Paul the “standout of the night” after the December 15 Republican Presidential Debate on CNN. Eno laments that the mainstream media, including “conservative media pundits,” will proclaim Rubio the winner. Eno implies these pundits aren’t true conservatives, referring to a species of unicorn sought by millions of self-identified conservative voters.

Rand Paul himself has called out Rubio and other proponents of the U.S. military empire as failing to adhere to authentic conservative principles. The self-named “neoconservatives,” we’re told, are really progressives in Republican clothing, failing to promote the true conservative principles of small government, free markets and a noninterventionist foreign policy.

Rand is right about nonintervention, but he’s wrong about conservatism. There is nothing new about the neoconservatives. The essence of conservativism itself is belief in the need for an all-powerful government that regulates every area of life domestically and dominates every other nation in the world. This has been the conservative worldview for thousands of years. It has never changed.

Conservatives see the world as Thomas Hobbes did. Human nature is so depraved that the government must be powerful enough to “keep them in awe.” Like other enlightenment philosophers, Hobbes saw the relationship of nations to one another as virtually identical to the relationship between individual people. They are all in a de facto state of war unless one nation dominates the rest.

This explains the otherwise puzzling compulsion by generations of U.S. politicians to interfere in the affairs of destitute Third World countries thousands of miles away. Just as individual liberty within society is a threat to the commonwealth, self-determination by any individual nation is a threat to the world order. The “domino theory” offered as justification for the Korean and Viet Nam Wars was firmly rooted in Hobbesian conservatism. So was the British Empire.

Many conservatives would object and point to Edmund Burke or Russell Kirk as representing the true tenets of conservatism. There’s only one problem: Burke and Kirk agree with Hobbes on just about everything.

Hobbes, Burke and Kirk all deny the existence of natural, inalienable rights. Like Hobbes, Burke says that man in the state of nature “has a right to everything,” meaning there can be no rights to life, liberty or the pursuit of happiness. Rather than “to secure these rights,” according to Burke, governments exist so “the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection.”

The only disagreement between Hobbesian “centralizers” and Burkean “constitutionalists” is on how government power should be distributed. The Hobbesians believe the sovereign power can never be safely divided. It must reside in one place, preferably in one man. Hobbesians in American history include Alexander Hamilton, Abraham Lincoln, and George W. Bush.

The Burkeans believe the opposite. As the politicians have the same dark nature, they must be thwarted, too. Burkean conservatives in American history include John Adams, Robert Taft and Barry Goldwater.

Here’s the rub. While Burkean constitutional conservatives want power divided, they still believe 100% of the power resides somewhere in the government. If the federal government isn’t going to regulate a particular area of life, then the state or municipal government should. Or the town government. Or your local school board. No area of life remains unregulated.

Similarly, the two conservative camps have disagreements on foreign policy, but not on principle. “Old Right” conservatives like Robert Taft may have argued against war, but Taft’s chief argument against participation in NATO was his fear it would concentrate too much power in the executive, although he hints at the non-aggression principle in passing:

“Under the Monroe Doctrine we could change our policy at any time. We could judge whether perhaps one of the countries had given cause for the attack. Only Congress could declare a war in pursuance of the doctrine. Under the new pact the President can take us into war without Congress.”

Contrary to the beliefs of a lot of well-meaning people, individual liberty, limited government and free markets are the antithesis of conservatism and always have been. Mercantilism is the economic system of conservatism; empire its natural foreign policy.

The American Revolution was very much a libertarian revolution against a Hobbesian, mercantilist and militarist empire. The ensuing struggle between Federalists and Jeffersonians was likewise a struggle between conservatism and libertarianism, respectively.

As inconsistent as he sometimes was in practice, Jefferson’s thinking and writing remained consistent on this point throughout his life. He repeatedly cited the libertarian principle that government should “restrain men from injuring one another, shall leave them otherwise free” in describing the limits of government power.

His foreign policy was mostly libertarian as well. Unlike President Obama, he really gutted the military, cutting its budget by over 90% and largely dismantling the navy (the army was already disbanded when he took office). His stated purpose was to make the navy a purely defensive force, incapable of foreign adventures.

Like millions of self-identified conservatives, Rand Paul is trying to fit a square peg into a round hole. He’s trying to see libertarianism as a subset of conservativism, just as Reagan did. It isn’t. It’s no surprise that even his attempt to portray himself as an authentic, Old Right conservative has failed. Trying to blend conservatism and libertarianism leads one into all sorts of self-contradictory positions.

It’s no coincidence that enthusiasm has peaked at those moments when Paul has taken the purely libertarian positions of his father, as he did filibustering drone strikes on American citizens or the Patriot Act. The marketplace of ideas is telling him something.

There is an intuitive libertarian instinct in everyone. The desire to live and let live and use force only in response to aggression is quite literally the “law of nature,” as Locke wrote over three hundred years ago. There are millions of Americans who believe it, but have it philosophically jumbled with the antithetical tenets of conservatism.

Rand Paul may be one of them. Or, he may believe the only way to make America more libertarian is by appealing to conservatives within the political process. Either way, he’s wrong.

Americans are starving for something besides conservatism or liberalism (as it’s defined today). A lot of them just don’t know it. Rand Paul could do the most good by taking his father’s ideas a step farther and rejecting conservatism altogether. It’s a dead end for the liberty movement, just as it always has been.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

The Libertarian Moment Is Alive and Well, Regardless of Rand Paul’s Campaign

bitcoinRand Paul’s campaign reported $2.5 million in donations for the entire third quarter, a precipitous drop from his previous reports and a fraction of what rivals Ben Carson ($20 million) and Jeb Bush ($12 million) brought in. That and anemic poll numbershave inspired many to not only pronounce Paul’s presidential campaign dead, but to gleefully declare the so-called “Libertarian Moment” over.
Nothing could be further from the truth.

Anyone who believes the presidential election is a barometer of how libertarian America is becoming doesn’t understand libertarianism and isn’t paying attention to what’s happening in the real world. Libertarians don’t believe government solves anything, no matter who is running it. The purest libertarians refuse to vote on principle.

As radical as that might sound, almost half of all eligible American voters behave the same way, if not for the same reasons. Let’s face it, most Americans couldn’t name three policies held by the frontrunner in either party and couldn’t explain one in detail.

This is often ridiculed in the myriad You Tube videos where men and women “on the street” are asked basic policy questions and don’t have a clue what policies their candidates support. You’re supposed to assume they’re stupid.

For the most part, they’re not stupid. They just don’t care. They may say they support this or that candidate when a microphone is shoved in their face, but in reality they live their lives, do their jobs and run their businesses without giving politics a second thought. This is an inherently libertarian worldview and it’s growing.

Read the rest at The Huffington Post…

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

The Real Reason Rand Paul is Losing to Trump and Carson: Republican Voters Want Bigger Government

Official PortraitRand Paul’s campaign actually showed faint signs of life in the last ABC/Washington Post poll, where his 5 percent showing has him within striking distance of Jeb Bush and every other candidate besides Donald Trump and Ben Carson. That’s little consolation considering the poll shows Carson at 20 percent and rising sharply and Trump doing the same at 33 percent.

There has been a lot of digital ink and hot air expended on why Paul fell from the GOP lead as “the most interesting man in politics” to a long shot candidate fighting for scraps with the Walkers, Bushes and other members of the rejected “establishment.” There have been reports of infighting among the campaign staff, Paul’s failure to energize his father’s activist base and even his reluctance to woo big money donors.

One would think that last “shortcoming” would be appealing to voters fed up with Washington insiders, but apparently not so for Paul.

The most prevalent theory is that in trying to avoid alienating mainstream Republican voters while championing his father’s libertarian platform, Paul has alienated both groups: libertarians and traditional Republicans. That sounds good, but it doesn’t add up.

Read the rest at The Huffington Post…

 

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Trump’s popularity is democracy in action

trump paulIn the past two Republican primary elections, we had a candidate who consistently defied the Establishment by articulately and intelligently telling the truth, remaining firm in his principles even when it cost him politically, and had a well thought out plan to change the political course of this country. He struggled to get 2 million votes.

This year, we have a candidate who consistently defies the Establishment by just “making shit up,” contradicting well-documented positions he’d taken just a few years ago, and delivering his message with all the eloquence of a punchy boxer in his twilight years. He’s leading in the polls.

That’s democracy in action, something the Constitution was designed to protect us from. God help us all.

 

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

Is every nation on earth besides the United States “isolationist?”

kingTAMPA, September 3, 2013 – Just one day after President Obama requested a debate in Congress on military intervention in Syria, Rep. Peter King (R-N.Y.) has already trotted out the usual bludgeon against any call for restraint. Bomb Syria or you are an “isolationist.”

“Right now, I would say, if the vote were today, it would probably be a no vote. I’m hoping by the time next week comes around and hopefully the president can make his case that he will be able to get a majority of the House of Representatives. Right now, it would be very difficult and also we have an increasing isolationist wing in our party, which I think is damaging to the party and to the nation.”

Only in America is the word “isolationist” used to describe reluctance to initiate wars of choice. In every other context, that word has a far different meaning.

China had two major periods of “isolationism,” the first starting in the 14th century. For China, isolationism meant cutting off foreign trade, shipping, immigration and emigration.  China entered another period of isolationism under Mao Zedung, again closing its borders and cutting off all commerce with the outside world, other than the Soviet Union.

Japan also had its isolationist period between the 17th and 19th centuries. Isolationism for Japan meant prohibiting trade, immigration, emigration and correspondence with the outside world. It had nothing to do with a reluctance to go to war, much less with a reluctance to get involved in wars that had nothing to do with Japan.

The isolationist policies of China and Japan were considered repressive and backwards, forcibly isolating their citizens from the benefits of trade and friendship with other nations and cultures.

That’s why noninterventionists’ opponents choose to call them “isolationist;” to smear them as backwards and against “progress.” There is even a connotation of selfishness that attaches itself to those who do not support wars of choice. This is ridiculous, of course, but words can be powerful.

The UK Parliament just voted down military action against Syria. Of the other 190 nations of the world, only France joins the United States in supporting a strike.

When the Bush Administration invaded Iraq, only three other nations contributed troops.

The United States now spends more on its military than the next ten nations combined. They have 900 bases in over 100 countries. No nation on earth or in human history comes close to that military footprint.

Is every nation on earth besides the United States “isolationist?”

Despite not being attacked by another nation’s military in over seventy years, the United States has been almost constantly at war.

The active wars combined with maintenance of the massive overseas military establishment has been the single largest contributor to the federal government’s $12 trillion in public debt.

It has also skewed American manufacturing towards producing weapons and armaments, rather than products that enrich the lives of American citizens.

These are just a few consequences of the decision during the last century to abandon the foreign policy of Washington and Jefferson and “go abroad looking for monsters to destroy.”

As the debate in Congress heats up, Rep. King will certainly not be the last one to call those arguing for restraint isolationist. Hopefully, the American public will be more discerning than most media and recognize that friendship and trade with all nations combined with military restraint is not isolationism. It is the opposite.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Congress is not authorized to start a war with Syria, either

congress

TAMPA, August 29, 2013 – The British Parliament is debating the U.K.’s response to an alleged chemical weapons attack by the Syrian government against rebels and civilians. This prompted Sen. Ted Cruz of Texas to tweet a picture juxtaposing the ongoing debate in Parliament with the empty U.S. Congress building.

Cruz and others have expressed the opinion that President Obama cannot take military action against Syria without consulting Congress first.

They’re wrong. Congress doesn’t have the power to start a war with Syria, either, under present circumstances.

Most people misunderstand the declaration of war power as “permission” to start a war. It’s not.

The Constitution grants Congress the power to declare that a state of war already exists. This can only be true if the nation in question has committed overt acts of war against the United States.

This is supported by each and every declaration of war in U.S. history. Each declaration has followed the same format.

1. Congress cites the overt acts of war committed by the nation in question against the United States.

2. It recognizes the existence of the war because of those overt acts.

3. It directs the president to utilize the military to end the war.

The process is somewhat analogous to a criminal trial. The president “makes his case” to Congress that certain actions by a foreign nation amount to acts of war. Congress then deliberates, renders its verdict and passes sentence. The president is directed to execute the sentence.

When James Polk asked Congress to declare war on Mexico in 1846, he said,

“But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced, and that the two nations are now at war.

As war exists, and, notwithstanding all our efforts to avoid it, exists by the act of Mexico herself, we are called upon by every consideration of duty and patriotism to vindicate with decision the honor, the rights, and the interests of our country.

In further vindication of our rights and defense of our territory, I invoke the prompt action of Congress to recognize the existence of the war, and to place at the disposition of the Executive the means of prosecuting the war with vigor, and thus hastening the restoration of peace.

After deliberating, Congress issued the following declaration of war,

“Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States: Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That for the purpose of enabling the government of the United States to prosecute said war to a speedy and successful termination…”

Note the italicized words. The state of war already exists because of the act of the Republic of Mexico.

Most people remember FDR’s Pearl Harbor speech during which he rattled off the acts of war committed by Japan. “Last night, Japanese forces attacked Wake Island. Last night, Japanese forces attacked Midway Island, etc.” Roosevelt concluded,

“I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December seventh, a state of war has existed between the United States and the Japanese Empire.”

The framers of the Constitution intended that the president would never initiate planned military action until this process took place. Yes, the president could deploy the military if the British or Spanish were discovered marching through Maryland, a very real possibility at the time.

Otherwise, acts of war had to be committed against the United States before the president directed a military response.

Syria’s government may or may not have used chemical weapons against its own people. It has not committed any acts of war against the United States. Therefore, there is no basis upon which to declare a state of war between Syria and the United States.

The constitution assumes that the only justification to utilize U.S. military resources is to defend U.S. citizens after another nation has initiated a state of war. The only exception is to defend a nation with whom the United States has signed a treaty establishing one of those entangling alliances the founders told us to avoid.

The Syrian conflict meets none of those requirements. Neither Congress nor the president have any constitutional authority to attack.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.