Is Blackwater Unconstitutional? - Page 3

Part of: Political Factcheck

I'm not going to argue the advisability or the pros and cons of hiring mercenaries to fight your wars for you. It just seems bizarre that we have reached the point where even the most anti-war among us like Jeremy Scahill accept the existence of a standing army as routine and even desirable when compared to the hiring of professional mercenaries for a short term and limited engagement. The Founding Fathers thought a standing army would be an unacceptable threat to the Republic, but had no problem with the idea of some hired troops protecting our interests outside our borders. The Constitution reflects this, and while modern leftist sensibilities may find mercenaries unappealing and politically incorrect, that doesn't make them unconstitutional.

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Article Author: Dave Nalle

Dave Nalle has been a magazine editor, freelance writer, capitol hill staffer, game designer and taught college history for many years. He is now a pro-liberty political activist and designs fonts for a living. …

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  • 1 - Silas Kain

    Aug 22, 2009 at 10:43 am

    I have to admit, Dave, you've caused me to rethink my opinion. Though Scahill is a lefty, he brought out points which bothered me about Blackwater's founder. And after reading your argument, based upon the Constitution, it dawned on me that the use of mercenaries may very well BE Constitutional. My concern remains that a handful of right wing, Christiban white men made millions, if not billions, at the taxpayer's expense. I completely agree with Scahill's call for prosecution and would hope that the majority of us would taker pause and realize that we need to be given the facts no matter how politically incorrect. As Maher pointed out, apologies are not a sign of weakness.

  • 2 - Dave Nalle

    Aug 22, 2009 at 10:51 am

    Prosecution for what? Your arguments in your comment are absolutely bizarre.

    I'm not a fan of Blackwater's supposed Christian agenda, though there's zero evidence of it in their actual behavior and it's all based on supposition about Prince's personal views.

    But the provable crimes Blackwater personnel have been involved in are already being tried, and there's no suggestion that as a group they've done anything but fulfill their contractual obligations and been paid as was agreed to. Being Christian and white and making money from government contracts is NOT a crime.

    Dave

  • 3 - Silas Kain

    Aug 22, 2009 at 11:12 am

    Perhaps it's not a crime, Dave. We all know to well the dangers of religious extremism. Is it so bizarre to ask for a full accounting of what's been spent? Scahill did make a point about the wages these mercenaries earn as opposed to our own military. I've got a problem with that but based on your treatise, I'm not so certain that mercenaries violate the Constitution. I don't care what the circumstances are, the men who won these mercenary outfit contracts have earned a lot of money at our expense. If they are going to act at the direction of this government, there must be standards by which to operate which includes the Geneva Convention.

  • 4 - El Bicho

    Aug 22, 2009 at 11:24 am

    Was not Scahill's point that because these forces aren't answerable to Congress, that's why they are unconstitutional?

    With the recent sworn statements of ex-employees, there's not zero evidence, but how much weight you give the evidence is another issue.

  • 5 - Silas Kain

    Aug 22, 2009 at 11:28 am

    That was Scahill's point, but Dave has made a compelling argument along with historical precedent. In this case I would have to give Dave's side more credence.

  • 6 - Silas Kain

    Aug 22, 2009 at 12:00 pm

    While Scahill's motivations may be Left leaning, isn't it possible that some of his testimony bears review?

  • 7 - Dave Nalle

    Aug 22, 2009 at 12:49 pm

    Statements by ex-employees by themselves don't carry much weight as evidence. Many of them could even be classed as hearsay.

    So far the allegations by ex-employees have not been followed up on by any law enforcement agency. Since some of these alleged crimes took place within the US and most under US jurisdiction in some form, if there's evidence I'd be troubled if the justice department did not follow up and investigate.

    As for being answerable to Congress, that they are not is basically a coward's argument which Congress would make if it wanted to deny responsibility. Congress certainly has the ability to investigate and compel action from our various intelligence and law enforcement agencies and they also control the funding for these mercenaries, and remember they ARE mercenaries, so if the money goes away, so do they.

    Dave

  • 8 - Dave Nalle

    Aug 22, 2009 at 12:54 pm

    Of course, how much they are being paid is another issue. To me there are two ways to look at it.

    First, it's not good that they are being paid more than regular soldiers, but presumably that price is being set by the market, suggesting we should actually be paying our regular troops a hell of a lot more.

    Second, most of them ARE former military and who can begrudge them the higher salary they get based on their military experience?

    Dave

  • 9 - Clavos

    Aug 22, 2009 at 1:21 pm

    Another likely reason for the disparity in compensation, in addition to Dave's point about the market, is that mercenaries are hired guns, with no allegiance to a given country or political idea, while national troops are presumably motivated at least in part, by patriotism

    For that reason, I disagree with the idea that we should pay our troops market rates.

  • 10 - Silas Kain

    Aug 22, 2009 at 3:00 pm

    I also don't feel we should pay our troops market rates. But Dave's argument remains compelling. I'm not sure I disagree with the use of mercenaries but I do think there has to be accountability and that responsibility remains with members of Congress who appropriate the cash.

  • 11 - Baronius

    Aug 22, 2009 at 4:51 pm

    What, you can't be a government contractor just because your founder is crazy? Someone break the news to Henry Ford and Howard Hughes.

    Fascinating article, Dave.

  • 12 - Silas Kain

    Aug 22, 2009 at 8:41 pm

    There's a difference between being "odd" and being a fanatic, Baronius. In this case, the founder of Blackwater is on equal footing with Islamic terrorists. Because he worships Christ instead of Allah (PBUH) is no justification for his motivation when acting under contract with the United States Government who is under contract with the citizens of this once great land.

  • 13 - Cindy

    Aug 22, 2009 at 9:05 pm

    The founder is crazy.
    The employees are crazy.
    The tenets of the organization itself are crazy.

    No wonder Baronius supports them.

  • 14 - Dave Nalle

    Aug 22, 2009 at 9:42 pm

    We don't actually have any evidence that Prince's fundamentalist lunacy manifests iteself outside of his private life. He hasn't got his people over in Iraq performing forced conversions or even handing out religious literature.

    As with any other person working for the taxpayers, so long as their beliefs don't interfere with their job performance, why are they any of our business? If the guy who fixes my plumbing worships Satan it really makes no difference to me so long as the voices in his head don't interfere with his job performance. Same thing with Blackwater.

    Dave

  • 15 - Christine

    Aug 22, 2009 at 9:54 pm

    Dave, thanks for the insight on this topic. I watch Bill Maher too and noticed each year he goes further and further left. Check out my review of his so-called documentary here on Blog Critics. I must have missed this one but am sure I will find it on re-runs. However, Blackwater is one of Rachel Maddow's favorite topics, but she spins everything! Yes, I swing Left to see what they are up to! LOL

  • 16 - Cindy

    Aug 22, 2009 at 10:29 pm

    He hasn't got his people over in Iraq performing forced conversions or even handing out religious literature.

    He's got lunatics in Iraq killing people because they're racists.

    Not good enough? Gotta be handing out fundamentalist literature too? Or aren't you aware of that Dave? Have you even looked?

  • 17 - Cindy

    Aug 22, 2009 at 10:34 pm

    Maybe he's getting more intelligent Christine.

  • 18 - roger nowosielski

    Aug 22, 2009 at 10:51 pm

    "accept[ing] the existence of a standing army as routine and even desirable when compared to the hiring of professional mercenaries for a short term and limited engagement."

    Nothing bizarre about it, and you know it. It's one reason why draft [involuntary conscription] is a more honest way of going about or facing America's wars - because the entire population is involved - not just those who volunteer for armed services.

    In fact, it was the condition of there being a draft that was instrumental in generating massive anti-war protests during the Vietnam era and no doubt expedited American withdrawal.

    So yes, in democratic societies, having a draft is a more honest way to go.

  • 19 - Silas Kain

    Aug 22, 2009 at 10:51 pm

    Dave, there are a lot of allegations out there. In all likelihood many are not based in fact. That being said, we do have the right to know how much each company earned. The Congress has an obligation to insure that these contractors are executing their jobs within a defined set of rules of engagement. If they are responsible for murder, prostitution or abject slavery we need to know about it. I don't want hyperbole. Nor do I want to feed the left wing flame. However, I DO want to know what fact is separate from fiction. I hardly think I'm being unreasonable.

    Insofar as Bill Maher I was very distressed during the last season when he was so rabid about Obama. This season has been different. Maher has been critical. Maher has painted an accurate picture of how well Republicans execute their craft. And through it all the Democrats remain impotent, staring like deer in headlights. They're praying they make it through next year's election cycle and won't take a stand on anything important. It's pathetic. If they were employed by a private company that would have been terminated.

  • 20 - Cindy

    Aug 22, 2009 at 11:27 pm

    Dave, there are a lot of allegations out there. In all likelihood many are not based in fact.

    I agree. In all likelihood the allegations are probably innumerable times worse than the 'facts' of the stories that are out there.

    Judging by history, for everything that has been uncovered there are likely a myriad atrocities that remain undiscovered.

  • 21 - Diningroomtable

    Aug 23, 2009 at 5:33 am

    "President Obama had increased our overall mercenary deployment by 29 percent in only six months."

    See? Obama is Hitler!

    We're fucked...

    (breaking into song) - We want our revolution...NOW.

  • 22 - Diningroomtable

    Aug 23, 2009 at 5:46 am

    ps -- I wonder what Blackwater would charge to overthrow the US.

  • 23 - Baronius

    Aug 23, 2009 at 8:27 am

    "In all likelihood the allegations are probably innumerable times worse than the 'facts' of the stories that are out there."

    Good point Cindy. In fact, some of them might even be witches! Racist witches!

  • 24 - Cindy

    Aug 23, 2009 at 9:42 am

    We know they've engaged in murder and torture. But really, do we have any evidence at all that whatever else they did wasn't generous and kind?

    Right-o, Baronius. There's no point jumping to conclusions.

  • 25 - Cindy

    Aug 23, 2009 at 9:49 am

    21, 22

    I think I love you diningroomtable.

    (Somebody copy that sentence down. I may need it as evidence during my late life sanity hearing. Surely, with the world so chock full of assholes, I am bound to find myself on trial eventually.)

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