The Small Boat Attacks Are Illegal

by | Oct 27, 2025

Since the first of September, the U.S. Navy has been blowing up small vessels off the coast of Venezuela. The current count is nine boats and approximately 37 dead. The U.S. government declares that these boats are an imminent threat to our country because they are operated by narco-terrorists. It appears no evidence was necessary.

The Trump administration has completely eschewed the legal requirements for due process or normal interdiction procedures. Sadly, due to the Global War on Terror, we Americans have tragically grown accustomed to our government assassinating people because they are merely suspected terrorists. Leaving aside moral issues, it is worth recalling that these actions are illegal under both domestic and international law.

First and foremost, these actions are in contradiction to the United States Constitution. Article I, section 8 clearly states that Congress shall have the power to “declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” Article II, section 2 states: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” The president does command the forces, but only Congress can declare war—and Congress has not declared war against alleged “drug boats” in Latin America. These small boats 1,300 miles from the Florida Keys pose no emergency threat, and blowing them up is clearly an act of war.

Our cowardly Congress has appropriated many trillions of dollars for a plethora of wars since World War II. However, since 1942, they haven’t had the courage to take responsibility and actually declare war as the Constitution requires. Over the years, they usually haven’t even had the fortitude to refuse to finance wars with which they disagree. As a result of congressional unwillingness to exercise their mandated duties, the forever and failed wars have continued unabated. Congress does not want to be caught voting for wars which the public doesn’t want. Especially if the war becomes a failure, as is normally the case, they enjoy being free to say whatever the public wants to hear without the record of a pesky vote to contradict their dishonest rhetoric. To aid this ruse, the leadership tends to wrap the military budgets into big continuing resolutions or omnibus bills so there is no vote showing undeniable support for particular wars. The result: a win-win for duplicitous politicians and the military industry, but a big lose-lose for the American people and the poor American and foreign souls murdered and maimed.

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  • George D. O’Neill, Jr.

    George D. O’Neill, Jr., is a member of the board of directors of the American Ideas Institute, which publishes The American Conservative, and an artist who lives in rural Florida.

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