CLEVELAND — Former Congressman Dennis J. Kucinich is reaching out to his former House colleagues with a warning that Section 219 of the National Defense Authorization Act of 2027, which merges U.S. and Israeli military functions, violates core constitutional doctrines regarding national sovereignty and the separation of powers.
Provisions in Section 219 of the 2027 National Defense Authorization Act (NDAA) mandate that the U.S. Department of Defense, the U.S. State Department, the U.S. Commerce Department, and the heads of other relevant Federal departments and agencies cooperate with their Israeli counterparts to consolidate U.S. and Israeli military activities to align efforts and avoid duplication.
“As America prepares to celebrate the 250th anniversary of its independence, Congress should be strengthening constitutional self-government, not considering legislation that poses a serious threat to constitutional sovereignty and democratic accountability,” Kucinich said.
“The U.S. Constitution presents legal and structural barriers to such a merger,” Kucinich noted, citing specific Constitutional Articles and Sections which the proposed legislation violates:
1. The Commander-in-Chief Clause (U.S. Constitution, Article II, Section 2): The President is the Commander-in-Chief of the U.S. Armed Forces. Congress cannot delegate or share this authority with a foreign entity.
2. The Treaty Clause and Compacts Clause (U.S. Constitution, Article I and Article II): Any attempt of such a merger or integration would require a formal treaty, ratified by two-thirds of the U.S. Senate. Congress cannot use a spending bill to bypass the treaty process.
3. The Appointments Clause (Article II, Section 2): A merged military implies that foreign officers could influence decisions on U.S. troops, the use of U.S. intelligence assets, and strike capabilities. Officers appointed by the President must be confirmed by the Senate. Only then can they exercise authority under U.S. law. Foreign officials cannot constitutionally command U.S. military assets of personnel. They do not take an oath to defend the U.S. Constitution.
4. The Non-Delegation Doctrine (Article I, Section 1): Congress cannot delegate core sovereign functions to another country’s government. The defense of America, the decision to use military force, and the use of intelligence are key sovereign functions. Kucinich noted that the NDAA is expected to be voted on the week of June 29th. “It is beyond ironic that as America celebrates the 250th anniversary of our Independence from Great Britain, we are about to violate our own Constitution in order to forfeit our sovereignty in the State of Israel.”
Kucinich concluded by emphasizing: “No foreign nation, regardless of whether it is Israel, Britain, Canada, France, or Japan, should ever be integrated into permanent executive, military, technological, intelligence, and research structures in a manner that diminishes American sovereignty and democratic accountability.”
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