Andy wrote a blog at www.andrewolmsted.com. It was on my blogroll for a long time and I was a regular reader. In February of last year Andy announced that he had to stop blogging because he’d discovered he was in violation of a DoD rule. I was disappointed at the time because I really enjoyed his blog and I removed him from the blogroll since there would be no new posts.

Andy’s blog is still up and well worth reading. I’ll be adding it back to the blogroll as soon as I finish this post and it will stay there as long as it remains up. Andy also sent a final post to hilzoy of Obsidian Wings, to be posted in the even of his death. That post went live at andrewolmsted.com on January 4th. I encourage you to go read it. It’s long but it will give you a pretty good insight into who Andy was.

One thing Andy requested is that no one use his death for political purposes either on the right or the left. I will certainly honor that request. Suffice it to say Andy was a quality individual. He died doing what he chose to do. He is survived by his wife Amanda, his children and he parents. Please remember them in your prayers.

My first question is, what does co-equal mean? The Constitution grants specific duties and authority to each branch of government. While there is some overlap, generally each branch has different responsibilities and powers than the other branches. Congress, for example, has the power to create and pass legislation. The President and the judiciary do not. The President, on the other hand, is the Commander in Chief of the armed forces while the Congress and the judiciary are not. In what sense then can the three branches of government be said to be co-equal?

I submit that the very term “co-equal” is meaningless and that those using it do so not out of any realistic claims to authority but to put forth a propaganda campaign to a populace largely uneducated with regard to constitutional powers and the structure of government. They simply make a claim and expect Americans to accept it. The fact is, no branch is equal to another branch. All branches of government are equally important but they are not equal any more than an apple equals an orange.

Congress does indeed have one large power that could be used to effectively end the war in Iraq. That power is the ability to cut off funding. Our founding fathers gave them that power and it is completely legitimate. Using it, however, is a politically risky proposition. While Congress can cut of funding for the war, that does not obligate the President to bring the troops home. The President could, for example, continue the campaign in Iraq without funding and place the responsibility for the outcome on the Congress. At this juncture it is doubtful that Congress will take such a drastic step.

What other constitutional power does Congress have with regard to the war? None. Congress can pass non-binding resolutions every day for the duration of the session and their actions will not require anything of the President. He can go on his way doing what he is doing. True, they can make him pay a political price but they have no authority to force him to do anything militarily.

Claims that Congress has the authority to limit troops in this or that theater are false. True, Congress can pass any legislation it wants, including legislation mandating that the President limit troop strengths. The President, however, would be under no obligation to pay any attention to such legislation because the Congress does not have the Constitutional authority for passing it.

The caveat here is the judiciary. Regardless of Constitutional authority, the Supreme Court has shown a penchant for upholding legislation that is in flagrant opposition to the Constitution. McCain-Feingold Campaign Finance Reform is but one example. So in any action the Congress may take, the Supreme Court becomes a wild card.

In the event that Congress passes legislation restricting troop strengths, the President would have several options. He could ignore such legislation and do what he thinks best with the troops in which case Congress would almost certainly sue the President in the Supreme Court. Alternatively, the President could sue Congress immediately. Either course leads to the Supreme Court. Should the Supreme Court rule against the President in such a situation, I submit that the President would have the Constitutional authority to ignore such a ruling. Indeed, the judiciary depends entirely on the executive for enforcement of its decisions. If the courts make a decision that clearly violates the Constitution I submit that the President not only has the ability to go against it, he has the duty to do so.

Lest anyone think I am engaging in partisan hyperbole let me say that my view on this does not depend on who happens to be the current occupant of the White House. While I would likely disagree with much of what a Democrat President stood for, his Constitutional authority does not depend on his positions on issues or his party affiliation. By definition, constitutional authority derives from the Constitution. Therefore, any President is duty bound to take his oath of office seriously and defend the Constitution against all enemies domestic and foreign. That includes the courts when they blatantly disregard the Constitution in favor of their own ideology.

The bottom line is this. The President is the Commander in Chief of the Armed Forces. As such it falls to him how and when to use them. Congress can bluster all it wants but they cannot change that balance of power.

The question remains, regardless of what most Americans believe or don’t believe, what are the realistic options regarding this war? Is a pullout, or as Democrats like to phrase it, a phased redeployment, actually a viable option? What can be expected if we do pull out? I think there are a couple of obvious answers that cannot be easily swept away.

First, American credibility will be decimated for the foreseeable future, regardless of who controls Congress or the White House. We have already had too many instances where we did not follow through with our commitments and the world already suspects that we cannot be depended upon to do what we say we will do. Perhaps that is a consequence of our form of government, although historically we had a much better reputation. From here on out we will not be able to gain allies in any serious international endeavor because the world will now that when it gets tough we bail out.

As serious as such a consequence may be, it is not as serious as the second difficulty with the redeployment strategy. As noted above, much of the world already expects that when it gets really tough the US will run. Indeed, Osama bin Laden said as much following our exodus from Somalia and that has been the stated strategy of Islamic fascists the world over. They know they cannot beat the US in a military sense. So their strategy has been to make it too costly to continue to engage them. They understand that the longer they drag this out the less support the President will have at home and, eventually, that support will dry up and he will have little choice but to withdraw.

So what happens then? The Islamic fascists declare their victory over America to start with. And as much as politicians may want to deny it, the claim will be valid. And with that victory will come an incredible increase in the ability of the Islamic fascists to recruit. Their approach will have been fully validated and new recruits will flood in in numbers never before imagined.

And who will be running this new army of Islamic terrorists? Probably Iran. And since we already know what Iran’s goals are, it will not be surprising if shortly thereafter the incidents of terrorism in Israel increase dramatically. Of course, Israel will only be the next step, not the last step. The Islamic fascists refer to Israel as the little Satan. Great Satan is reserved for the US. And if you labor under the false belief that they will change that view if we pull out of Iraq, lets just dispel that right now. Make no mistake, They WILL come after us here on American soil and their goals will far exceed 9/11.

While many Americans have fallen for the ridiculous assertion that Iraq has been a distraction from the war on terrorism, nothing could be further from the truth. Whatever you may believe about the start of the war, whether justified or not, the Islamic fascist themselves claim that Iraq is now the central front in that war. Anything short of complete and total victory there will be disastrous for the US and the world.

I am not the best prognosticator around and I don’t claim to have any sort of crystal ball. But I know this much, the troop increase that President Bush is starting to implement is, at worst, the minimum required at this moment. Regular readers will know that I am not a Bush cheerleader. He has often disappointed me because he is not a conservative. But he is the Commander in Chief and he is the only person in the world who is capable of waging this war, a war that absolutely must be waged. I don’t know if Bush will use these additional troops in an effective way. My gut instinct is that he won’t because America simply does not have the stomach to do what needs to be done. Still, the alternative to adding troops is far worse.

I urge all Americans who value freedom to support the President now. I’m not asking you to like him or approve of his overall job as President. I don’t approve of his overall performance. But he, our troops and the world need us to stand as one and win this conflict. The consequences of failure are simply too dreadful to contemplate.