Tuesday, December 8, 2015

Congress can do this

The entity purporting to be an Islamic state, known variously as "The Islamic State in Iraq and Syria" (ISIS), "The Islamic State in Iraq and the Levant" (ISIL), or "The Islamic State of Iraq ash-Sham," and which calls itself in Arabic ad-Dawlah al-Islāmiyah fī 'l-ʿIrāq wa-sh-Shām, having engaged in the following acts,
  • Conducted campaigns of murder, espionage and sabotage against United States citizens, interests, and allies both on and off U.S. soil,
  • Recruited U.S. citizens to carry out these campaigns against the United States, and
  • Pursued conquest against the sovereignty of the United States and legitimate nations around the world,
Is hereby found to be at war with the United States of America. As a result, the United States of America now and hereby declares war on the above-identified entity purporting to be an Islamic state.

Any United States citizen found to have cleaved unto said entity, giving it aid and comfort, faces prosecution for treason against the United States. Any non-U.S. citizen found in territory under the control of the United States, who has cleaved unto said entity, faces penalties up to and including summary execution as a spy or saboteur.

Any nation found to be aiding or abetting the activities of said entity, faces abnegation of any pacts, treaties or agreements of alliance and/or trade with the United States.

Update: I read that in the Dec. 15 GOP debate Ben Carson advocated this.

I should clarify that the primary effect I'm concerned with is to establish a legal basis for ISIS soldiers in the U.S. to be treated as unlawful enemy combatants rather than mere criminals.

Of course there would be an "over there" component to this declaration, but what Americans want is to be sure that, to the extent this war now has to be fought here at home as well, it will be. Good and hard.

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