Mack
Hall, HSG
Mhall46184@aol.com2 September 2013
When a
Novelist Declared War
John
Buchan was a Scots writer whose most famous novel is The 39 Steps (1915), a really good “the wrong man” spy yarn. In addition to adventure stories, Buchan also
wrote scholarly works and served the British government in a number of
jobs. His politics, like those of any
thoughtful citizen, cannot be labeled: he argued for the right of women to
vote, supported respect and better pay for workers, and wished to restrict the
power of the House of Lords, but he rejected the socialism and acidic class
warfare of David Lloyd George, whose friend-of-the-working-man rhetoric did not
extend to rejecting the offer – or bribe? – of elevation to the peerage, with
the attendant hyphenation of his last name to Lloyd-George.
Buchan’s
last posting was as Governor-General of Canada, 1935-1940. As G-G he lived in Rideau Hall, which
features a dignified façade and some nice state rooms, and a throne for the
monarch when she visits. Essentially,
though, Rideau Hall is a modest residence with a small back porch whose
somewhat rickety screen door opens onto a pleasant back yard. Of course it is possible that the fellow who
fixes things around Rideau Hall has recently popped over to the local Bytown
Lumber Store or perhaps Les Structures De L'Outaouais for a new screen
door.
I
was happily taking snapshots in the back yard of Rideau Hall when the tour
guide told me I mustn’t. My friend
introduced himself and me, and the tour guide was most impressed – with the
friend, yes. She batted her eyelashes at
him. Me, no. But I was allowed to keep the snaps I had
taken. Good to have friends who can awe
tour guides.
In
1939, as Governor-General of Canada, Buchan worked with Prime Minister
McKenzie-King and President Roosevelt in peace efforts, but in September of
1939, following his King, Buchan, not as a writer of stories nor as John
Buchan, but as the Governor-General, led Canada into war against Nazism. He was the last Governor-General to declare
war, and although by the Statute of Westminster (1931) the Governor-General
could do so now, this is not likely to happen without the consent of Parliament.
The
United States is sometimes faulted for its dilatoriness in declaring war on
Nazism, but in those years the three branches of our federal government often followed
the law, and under the Constitution this nation cannot drop, fling, or fire
explosives or other engines of destruction upon the citizens of another nation
without following Article I, section 8 of the Constitution, and all of Article
VI. Not even the War Resolution of 1973,
sometimes erroneously referred to as the War Powers Act, and of questionable legality
under any name, permits violence on other people at the mood of a leader.
In
sum, the United States, by its own laws, cannot make war on another nation on
the sole predicate that the other nation is a bad nation or that its leader is
a bad man who is doing bad things. Further,
war under any of its legion of names – police action, intervention, mutual
assistance pact, advice, drug interdiction, no-fly-zone, use of force, enforcing
a resolution, kinetic military action, aid mission, nation-building, spreading
democracy, peace-keeping, monitoring - may not be initiated by an American
president. Congress may declare war
formally, or may permit it through “letters of marque and reprisal”, which is
authorization for limited war. No individual
American, not even the president, may do so.
A
Governor-General of Canada may by Canadian law start a war (though Parliament
may refuse to fund it). An American
president by American law may not, because our founders realized that if one
man possesses the power to take a nation and its people into war, then that
nation’s people are not free.
Every
election cycle there is some twaddle about the President being “the leader of
the free world.” Well, no, he or she is
not, and no passive acceptance of inaccurate filler-language can make it
so. Nothing in the Constitution, in the
laws of other nations, or in the very questionable documents purported to be
international law makes any president the Emperor of Planet Earth.
Sometimes
a leader, even of the parish’s new-air-conditioner fund, needs to put down the
ego and step away from it. When John
Buchan, Baron Tweedsmuir, thought and prayed over committing the survival of
Canada and the lives of Canadians to a terrible war, he did not command a court
photographer to attend upon his person for a delegated selfie, and he did not
lift his leg to place his foot upon a Canadian national treasure.
-30-
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