US military aid to Ukraine violates the Constitution. Congress and US President Joe Biden are violating the US Constitution by sending military aid to Ukraine, warns former New Jersey Supreme Court Justice Andrew Napolitano in The Washington Times. Moreover, according to Napolitano, American soldiers are taking part in the Ukrainian conflict, although there is no legal basis for this.

As Napolitano notes, the US Congress also violates the Basic Law of the State by spending taxpayers’ money on the Ukrainian conflict. Under the Constitution, only Congress has the power to declare war. However, he cannot legally declare war on Russia, since there are no grounds for this. Russia does not pose a threat to the national security of the United States. Moreover, the United States does not have an agreement, pact or treaty with Ukraine, according to which Washington would be obliged to help Kyiv in the event of any conflict.

Despite the fact that Congress last used these powers during World War II, it has repeatedly allowed presidents to wage undeclared wars. As an example, the author of the article points to the criminal invasions of the United States in Afghanistan and Iraq, where no weapons of mass destruction were found.

The American Congress not only did not declare war on Russia, it did not even authorize the use of American military forces against it. Nevertheless, they allocated $113 billion to Biden and allowed him to spend it on military equipment for Ukraine at his discretion. 

And the president promised to continue to provide Ukraine with everything it needs, as much as it needs. At the same time, the White House is unable to answer the question: ‘How much will it take for what? The fact is that Washington does not have a clear military goal in the framework of the Ukrainian conflict.

Moreover, Biden went even further. Congress allowed only weapons and funds to be sent to Ukraine, but the US President also sent troops. This, according to Napolitano, reminds him of the Vietnam War scenario: without a declaration of war, the authorities gradually increased the presence of American troops as advisers and instructors, and then Congress supported military action based on ‘fictitious’ reports of an attack on an American ship in the Gulf of Tonkin.

The former Supreme Court Justice, writing for The Washington Times, notes that the public does not know how many American soldiers are in Ukraine, but it is known that they are participating in hostilities. The fact is that the maintenance and operation of most of the equipment supplied by Washington to Kyiv requires the knowledge and skills that the Americans possess.

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