There is much to unpack from the arrest of Venezuelan dictator Nicholas Maduro.
Above all, there is the stark contrast between American socialists bitterly denouncing the ouster of this socialist dictator and the masses of ordinary Venezuelans celebrating their deliverance from him. Socialism under Chavez and Maduro utterly destroyed the prosperity and freedom of Venezuela, reducing it from one of the wealthiest nations in the world to one of the poorest. Like all socialist regimes, the Chavistas depend on brutal intimidation, terrorism and violence to maintain their grip on power. A third of the population has now fled that afflicted nation, and with Maduro’s ouster, this diaspora of socialism’s victims finally see a cause for hope and are rejoicing in the streets.
This should be a warning to our fellow Americans who today are flirting with the same socialist movement in our own country. It has long been foretold that when socialism comes to America, it will come with a smile. Venezuelans were not the first to be seduced by the siren song of a benevolent, all-powerful government. But, like every people who have blundered down that road, they awakened one morning to find the benevolence was gone and the all-powerful government was still there. Let that be a lesson to our misguided countrymen.
This should also be a warning to our adversaries around the world that the Monroe Doctrine has been revived, and that America is again willing and capable of defending the New World from the intrigues of the Old. Every thug and despot around the world has new reason to fear the ancient warning: sic semper tyrannis – “thus always with tyrants.”
Has the President acted within his inherent authority as commander-in-chief? The federal courts have already answered this question time and again, including the attacks on Libya by Obama and the arrest of Noriega by Bush. They have consistently ruled that these nearly identical precedents were within the prerogatives of the President, and the Congress just as consistently has acquiesced. As GMU law professor Johathan Turley put it, “If Obama can vaporize an American citizen without even a criminal charge, Trump can capture a foreign citizen with a pending criminal indictment without prior congressional approval.”
This is an important debate that goes to the heart of the separation of powers and one that we ought to have. The Constitutional Convention originally considered giving Congress the exclusive power to “make war.” Elbridge Gerry successfully replaced “make war” with “declare war.” Madison explained this distinction as “leaving to the Executive the power to repel sudden attacks.” That distinction has been widened over the centuries, and perhaps it is time to take a fresh look at the question of what distinguishes “declaring war” from “making war.”
In 1848, Congressman Abraham Lincoln addressed this very point and unsuccessfully argued that once the executive initiates a hostile act against a foreign power, it has in fact declared war by giving that power casus belli. Reacting to a military attack is one thing, he said, but initiating an attack quite another. Personally, I think he had a point and I disagree with the current precedents, although I find it hard to fault the President for acting within them.
Restoring the many guardrails that separate executive, legislative and judicial powers in our Constitution would be a fitting way for Congress to celebrate our nation’s 250th anniversary. The Supreme Court is doing its part by restoring the President’s exclusive control over the executive agencies and perhaps it will soon restore Congress’ exclusive control over tariffs. I hope so.
Reasserting Congress’ role in the momentous question of war and peace requires a serious and sober discussion in Congress, but when I hear the hyperbolic and hyper-partisan rhetoric of the Democrats in this House -- with their hatred of Donald Trump dripping from every word -- I fear that discussion must await calmer times, cooler heads and wiser voices.
In the meantime, let us rejoice in the fruits of this action: the removal of the worst despot in the Western Hemisphere, the revival of the Monroe Doctrine, the ejection of malignant powers insinuating themselves into Latin America, the unmistakable warning to tyrants around the world that America is back, the triumph of American arms, and most of all, setting the stage for the return of liberty, justice and prosperity to the people of Venezuela.
— Congressman Tom McClintock represents California’s 5th Congressional District
