Joe Biden's 360 Degree Turn on "Cluster Bombs"
With depleted U.S. Arms Stockpiles, A Bonapartist President Overrides Congress
With the much-touted and ballyhooed "Ukraine Counter Offensive," petering out into a military whimper in the face of a dug-in, formidable Russian offensive, and a dwindling stockpile of munitions among Ukraine's NATO and western allies, the United States is now escalating the war by agreeing to send "cluster bombs" to the battlefield. The president's move to override a congressional ban on such munitions because of their devastating effects on civilians is his latest Bonapartist pivot on U.S. foreign policy.
Biden, who promised to bring back a saner U.S. domestic and foreign policy in comparison to the jingoistic and bombastic Donald Trump years, has become the best modern example of Bonapartism - the modus operandi of a political leader mouthing the right popular catch phrases, making the most progressive pledges and promoting a sharp contrast between himself as a progressive, people-centered and caring leader while doing the exact opposite. Cluster bombs will have a massive risk on civilians in the war on both sides.
Saying that "we will not leave the Ukraine defenseless" the United States has justified its position on the controversial munitions - banned by 120 nations around the world - on a now worn-out default position. The United States has sold, supplied and given the Ukraine billions of dollars in arms and ammunition since the start of the war, not to mention the correspondingly huge amounts from NATO countries. All of this has not tipped or even tilted the war in Ukraine's favor. But let us now look at the methods that allow an Imperial President (aka a U.S. monarch albeit in modern, 21st century clothes) to literally thumb his nose at the country's main legislative body with impunity and without consequences, simply by signing a piece of paper called "a waiver."
To begin with, the United States, the President does not have the inherent power to unilaterally override or disregard established laws to achieve a political outcome. The U.S. Constitution, at least on paper, establishes a system of checks and balances to ensure that no single branch of government holds excessive power. However, there are certain actions or mechanisms through which the President can influence or shape the implementation or interpretation of laws. When it comes to the export of munitions, the primary legal framework that allows the U.S. President to override congressional restrictions is the Arms Export Control Act (AECA) of 1976.
The AECA grants the President certain powers related to the export of defense articles, services, and technologies to foreign countries. Under the AECA, the President can authorize exceptions to congressional restrictions or licensing requirements for the export of munitions, subject to specific conditions. These exceptions include:
National Security Waiver: The President can waive specific statutory restrictions on the grounds of national security if it is determined to be in the interest of the United States. This waiver authority is typically invoked to maintain diplomatic relations, support allies, or respond to emerging security threats. This is by far the most commonly use rationale for the kinds of actions taken in respect of cluster bombs decision. That is because the definition of "U.S National Security interests" are broad, nebulus and shift to accommodate any and all military and other misadventures abroad.
Congressional Notification: The AECA requires the President to notify Congress of proposed arms sales or exports, providing an opportunity for Congress to review and potentially block such transactions. This has never been an enforceable process - it has been sporadic at best - since the Congress has literally abnegated its oversight authority when it comes to war deferring these actions/decisions to the Imperial President, no matter which political party is in office. If Congress does not pass a joint resolution disapproving the proposed sale within a specified time period, the President can proceed with the transaction without any consequences.
International Treaties and Agreements: If the United States has entered into international treaties or agreements that override certain provisions of domestic law, the President can rely on these agreements to authorize the export of munitions, as long as they have been ratified by the Senate.
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