James A. Leach: “American governance today is confronted with an unprecedented challenge. A concerted terrorist attack has been…”

“American governance today is confronted with an unprecedented challenge. A concerted terrorist attack has been perpetrated against our institutions, people, and way of life. As legislators we are obligated to look to our constitutional heritage to craft an appropriate response. What is clear is the imperative to act. What is less clear is the methodology to pursue. Terrorism is neither easily understood nor combatted. The assaults on the World Trade Center and the Pentagon represent perhaps more a conspiracy of hatred than a traditionally understood act of war. Yet the rationale for an international police action led by U.S. Armed Forces must be rooted in traditional just war doctrine. There is in the Western tradition a hallowed just war doctrine developed by ecclesiastics and jurists, followed by statesmen, instinctively accepted by the peoples of many countries in tradition and right. Briefly, it holds that for war to be considered just, it must be animated by a just cause and informed by righteous intention, that it be undertaken by a lawful political authority and only as a last resort, and that rectifying actions be proportionate to the wrongs committed. With this resolution Congress is obligated to lay forth an intent to hold accountable to the bar of justice perpetrators of a crime against civilized values. We do this, however, with no intent of territorial aggression nor desire to precipitate breaches between the Moslem and Judeo-Christian worlds.”