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Chuck Todd, NBC Political Director

Mark Murray, NBC Deputy Political Director

Domenico Montanaro, NBC News Political Reporter



Romney and the 'lawyer test'

Posted: Wednesday, October 10, 2007 11:25 AM by Mark Murray

From NBC's Mark Murray and NBC/NJ's Erin McPike
Earlier this morning, we focused on Romney's response at yesterday's debate that he would consult attorneys before deciding whether to unilaterally go after Iran's nuclear facility. But his campaign today stresses that it's important to consider his full response -- in which he said that the president "has to do what's in the best interest of the United States to protect us against a potential threat."

MATTHEWS: Governor Romney, that raises the question, if you were president
of the United States, would you need to go to Congress to get authorization to take military action against Iran's nuclear facilities?

ROMNEY: You sit down with your attorneys and tell you want you have to do, but obviously the president of the United States has to do what's in the best interest of the United States to protect us against a potential threat. The president did that as he was planning on moving into Iraq and received the authorization of Congress...

But the full context of Romney's remarks isn't stopping his rivals from piling on. The Giuliani campaign just issued a press release highlighting Romney's "Lawyer's Test" for national security -- which the release compared to John Kerry's 2004 "Global Test" remark (which Democrats will point out was taken out of context in that election). “Going to war is the most serious decision a president can make. Lawyers should not debate while our national security is on the line. In these momentous decisions, we need leadership, not litigation,” retired Admiral Robert J. Natter, who is serving as a senior military adviser for the Giuliani campaign, said in the release.

Two minutes after Giuliani’s team circulated that press release, the Romney camp issued a lengthy release containing the candidate’s previous public statements on the Iranian threat.

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Comments

One of the most telling tales of what type of person and leader a person is, is how he or she can run their own lives, family, and homes.  Look at what Rudy J's personal life "married 3 times" looks like and how can we expect him to keep a nation above water when he can't do it with his own family.
Big Business like oil companies raise the price of gas to over $3.00 a gallon and then overnight drop it back to $2.65 This is so the average American will be brainwashed into thinking that $2.65 is cheap for a gallon of gas.
Remember that on Sept 11th 2001 some gas stations took advantage of the situation and raised their regular gas prices to $3.00 a gallon. Later the Government fined them for using the event to gouge American consumers!! This same switch and bait technique is being used by the Republican and Democratic parties to desensitize us to the phony bologna two party politicians and candidates they prop up as their person to vote for.
I believe whole heartedly that these politicians are practicing economic terrorism just as bad as those scumbag terrorists who attacked us on 9/11/2001.
Thats right terrorists!! because they seek to destroy us economically. The 9/11 terrorists hit the world trade centers for that very reason and our politicians hit us directly in the wallet every April 15th with income taxation and the use of the tyrannical apparatus known as The IRS.
WE need a non eccentric leader who is a Patriotic Centrist with the charisma of Ross Perot. Where are the Independents in this election? All we have to choose from is lawyers and anybody knows lawyers are at the bottom of the food chain.
retired Admiral Robert J. Natter

“Going to war is the most serious decision a president can make. Lawyers should not debate while our national security is on the line. In these momentous decisions, we need leadership, not litigation."  

Article 1 section 8 US Constitution

"To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

So the question is where does this retired admiral get his information that war is a decision the president can make.  The decision to go to war should be made by congress.  The execution of the war (ironically) falls to the executive branch.  

Should anyone disagree, the constitution has something to say about this too in article 5.

"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

I didn't write the laws but feel our presidential candidates (not to mention presidents) should express at least a small desire to follow them.  

Ralph Baum...probably the best response I've read. Lead the way on the referendum to pepeal the 16th Amendment. Most "sheeple" in our society have no idea what the 16th Amendment is about and further don't realize what a "sham"it is. As a Republican, I think Joe Lieberman should step up and run as an Independent! He would get my vote!
Scott of Orange, Ca
My gosh man! have you not heard? Politicians such as George Bush, Bill and Hillary Clinton as well as both political parties..not to mention The Supreme Court view the Constitution as an ANTIQUATED document, no longer applicable to present day American life.
Mention the Constitution when dealing with the judicial system and see how fast you are labeled a constitutionist and thrown out of court.
All too true, Ralph Baum, and all the more reason we need to nail Romney and every other candidate over it. Unfortunately, the media and the campaigns are already turning this into a "debate" about whether the president should give it extensive thought before going to war or show some "balls" and go with his gut instinct... when it should be a debate about whether the president can even choose to go to war. And the answer is: HE CANNOT.

If we elect people who are ignorant of or show contempt for the Constitution, how can we expect them to be honest, respectful of our rights, or committed to the guiding principle that government's role in society is to protect our freedom?
Well, with the lawyers comment Mitt Romney, should he be elected, will be much more palatable to Democrats.
Susan, Miami:

When those two pictures get put side by side, will there be captions so we can tell the difference?
Instead of asking a question about the President's right to go to war or not, MSNBC should ask candidates about repealing the 16th ammendment to the US Constitution.
I would love to just once see Chris Mathews ask Hillary or Rudy that question. The response would be either dumb silence or a quick attempt to change the subject.
Where is this Bill at?
H. J. Res. 16 [109th]: Proposing an amendment to the Constitution of the United States to repeal the sixteenth article of amendment

Overview Summary Other Info
Bill Status
Sponsor: Rep. Steve King [R-IA]show cosponsors (14)
Cosponsors [as of 2007-01-07]
Rep. Dan Burton [R-IN]
Rep. John Culberson [R-TX]
Rep. Thomas DeLay [R-TX]
Rep. Tom Feeney [R-FL]
Rep. Jeff Flake [R-AZ]
Rep. Louis Gohmert [R-TX]
Rep. Ralph Hall [R-TX]
Rep. Jeb Hensarling [R-TX]
Rep. John Hostettler [R-IN]
Rep. Samuel Johnson [R-TX]
Rep. John Linder [R-GA]
Rep. Jeff Miller [R-FL]
Rep. Ronald Paul [R-TX]
Rep. Tom Price [R-GA]
Cosponsorship information sometimes is out of date. Why?
Bill Text: Summaries (CRS)
Full Text
Status:  Introduced Feb 1, 2005
Scheduled for Debate -
Voted on in House -
Voted on in Senate -

This bill was proposed in a previous session of Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books.  
Last Action: Mar 2, 2005: Referred to the Subcommittee on the Constitution.
Show All Related Votes

Committee Assignments
This bill is in the first stage of the legislative process where the bill is considered in committee and may undergo significant changes in markup sessions. The bill has been referred to the following committees:

House Judiciary
House Judiciary, Subcommittee on Constitution

We!! need to follow this up NOW!! What happened to this Bill? If it were to come to fuition it would mean the end of big government and the IRS. April 15th woudl be just another day in April and your take home pay woudl be your gross pay. After that all taxation unless (Income tax during a WAR) is an apportianed tax based on population as our founding fathers envisioned. The government woudl not have the money to go sticking it's nose in peoples business or other countries. There is a justification of income tax to fund a war such as the Civil war was funded this way and after it ended the income tax was repealed.
Susan, Miami

Sorry, a clarification:

When they put up the pictures of Rudy in drag alongside Hillary Clinton, will they . . .
explain to us layman. If we, the people, vote for a candidate,why does the "electorial College" get the last word. I thought WE voted for our leader! hmmmm what's wrong with this picture!
Ron Paul had the best response to romney so why didn't they post that?

Ron Paul said and i quote "This talk about consulting lawyers baffles me, why don't we just open up the constitution, of course the president CAN NOT GO TO WAR WITHOUT CONGRESSIONAL APPROVAL. unless it it an eminent attack on the inited states.
Romney has no clue of what he is doing.  He will say and do anything for power.  That is what everyone should be affraid of.  Look at the positions he took only a few years ago and how he changed those positions just to get the nomination.  At his age, he should know what is right and what is wrong.  He does not.  And, a man that has to spend 40 million dollars to get 10% of the vote, is not a man that is going to bring this nation together, which is what we need.  Look at McCain or the others, has anyone, even the democrats, spent that much money, NO!  That's crazy, he is trying to buy the presidency, and I wonder who is behind his money.  Lastly, Romney should not be running for president if he doesnt understand the War Powers Act.  He cannot refer to lawyers in all cases and should know what his duties include before hand.  That's ridiculous to suggest the president shouldn't understand that War Powers Act.  Maybe that's what got us to where we are now.  Think about your vote!
"granddaddy",  you didn't have to tell us you're proud to vote Republican.  As soon as you mentioned "but is it legal to attach another country" (no, it isn't by the way), suspicion's confirmed.
Get rid of them all and let's start over.  The idea that someone is out there with a little mentality appeals to me
I loved it when Ron Paul pimp slapped em all when he said:

"Absolutely. This idea of going and talking to attorneys totally baffles me. Why don’t we just open up the Constitution and read it? You’re not allowed to go to war without a declaration of war."

Go Ron Paul!  God bless you Congressman!
A president can't keep up with everything and needs wise advisors.  Some of these advisors may be generals and some will be lawyers, some must also understand national economics but all must be honest and humble.
For the first time in the history of the world, war crimes trials were held after WWII (at Nuremburg).  They were held mostly at the urging of the US Govt.  The main thrust of the trials was that Aggressive War is a crime against humanity.  When you attack another country first you are committing Agressive War.  That is what we did in Iraq, and we are now getting ready to do it in Iran.  If you have a minor dispute with your neighbor, and you think he might have a gun in his house, can you go over and kill him first?  

Ron Paul is the only 2008 presidential candidate that has a brain. The rest will only run America further into the ground.

"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy." - James Madison
-- RON PAUL, is an American, and a True Texan, not a Karl Rove 'VILLAGE PERSON' with costume changes, and a rolled up sock. RON PAUL is the only one, of any, standing for THE CONSTITUTION, and could debate any of the cardboard cut outs we see lined up. He's an internet phenomenon (I refer to his  many You Tube clips}The MSM is ignoring him as best they can, after efforts to rid the debates of him. The Declaration of Independence is another foreward marching document, he dammned well understands -- And who the hell thinks anyone is going to bat 100 per cent of 'What I want in a politician', Or in your bed. Get a grip. I'm switching over from THE DITHERING, DECEITFUL DEMOCRATS, for this plain talking man's man. CHANGE for the better is right there. Our only chance is per vote.
If the guy has "time" to consult with lawyers, he has time to have congress approve it or not.  Ron Paul is right...constitutionally, unless an attack is coming right at that moment, Congress MUST declare war.
This is from Wikipedia, and what it has to say about the declaration of war.(http://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States)
".....Despite the constitutional requirement that Congress declare war, in practice, formal Declarations of War have occurred only upon prior request by the President........:
Those of you that are harping on Romney's comment about "going to war being the most important decision a president can make." are simple minded idiots that see focal points and not the big picture. Taking this statement against Romney is like saying someone is stupid cause they called a baseball white, since it is obviously red(the stitches i.e. a focal point). Makes no sense right? Right. Neither do your comments.

As for the statements about lawyers, would it be better that Romney consult a homogenous political group or spice up the problem solving diversity of a counsel by adding some lawyers? Once again your disdain for this action, is simple minded, and bigoted. Anyone educated in various problem solving techniques will realize, without much mental effort, that a diverse group of individuals will produce a better result. This, I might add for those of you that can’t connect the intuitive dots by yourselves, is accomplished because he will naturally have counseled with his cabinet members on the issue as well as the lawyers.

If any of you even paid attention to the debate you would have realized the great qualities in Romney. But I guess you were too busy looking for things to “prove you are right, and the smartest smarty” because anyone who thinks exactly like you is a genius…[realize the sarcasm please]…. Riiiiight. Once again you show your desire for a homogeneous thought process. Anyways, after reading these comments, I recommend you take a “basic” level class in Organizational behavior to understand wants really going on. And once you get that down maybe some critical thinking courses will widen your focus/understanding. Or maybe take a second to Google something and research it before you make an ignorant of yourself by jumping the ignorant bandwagon. “Congress can only!”, “But only congress can” “Any smart person knows only congress can”…blah blah blah….

Good on ya Romney! You are a great man and hopefully those that will vote come election time will be intelligent enough to see you and all you could do for this nation for what/who you really are. Best wishes to you and your family.
I will start off by saying thank you to everyone who has posted a comment thus far. I appreciate your comments. However I will be replying against them in the name of debate. Let’s see where we can get with this issue.

This is from Wikipedia, and what it has to say about the declaration of war.(http://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States)
".....Despite the constitutional requirement that Congress declare war, in practice, formal Declarations of War have occurred only upon prior request by the President........:
Those of you that are harping on Romney's comment about "going to war being the most important decision a president can make." are simple minded persons that see focal points and not the big picture. Taking this statement against Romney is like saying someone is stupid cause they called a baseball white, since it is obviously red(the stitches i.e. a focal point). Makes no sense right? Right. Neither do your comments.

As for the statements about lawyers, would it be better that Romney consult a homogenous political group or spice up the problem solving diversity of a counsel by adding some lawyers? Once again your disdain for this action, is simple minded, and bigoted. Anyone educated in various problem solving techniques will realize, without much mental effort, that a diverse group of individuals will produce a better result. This, I might add for those of you that can’t connect the intuitive dots by yourselves, is accomplished because he will naturally have counseled with his cabinet members on the issue as well as the lawyers.

If any of you even paid attention to the debate you would have realized the great qualities in Romney. But I guess you were too busy looking for things to “prove you are right, and the smartest smarty” because anyone who thinks exactly like you is a genius…[realize the sarcasm please]…. Riiiiight. Once again you show your desire for a homogeneous thought process. Anyways, after reading these comments, I recommend you take a “basic” level class in Organizational behavior to understand wants really going on. And once you get that down maybe some critical thinking courses will widen your focus/understanding. Or maybe take a second to Google something and research it before you make an ignorant of yourself by jumping the ignorant bandwagon. “Congress can only!”, “But only congress can” “Any smart person knows only congress can”…blah blah blah….

Honestly I respect all of your comments. This is only my reaction to them. I feel it is important for anyone in a debate to truly consider the opponents side, try their best to beat it, but if they cannot they should whole heartedly join it. Thank you all for your comments!!!!!

Good on ya Romney! You are a great man and hopefully those that will vote come election time will be intelligent enough to see you and all you could do for this nation for what/who you really are. Best wishes to you and your family.
As has been pointed out many times, Congress determines whether or not we go to war.  The President can only recommend.  Does it not make sense to perhaps consult attorneys well versed in Constitutional law to make sure before he (or she) goes to Congress making a case to devote time, energy and American lives that the request is justified?  I'm more inclined to vote for a republican, but I’m not so blinded to note we've had 8 years of Cowboy diplomacy in this country.  Look where it's gotten us.  We're in a swamp of a war amidst feuding tribal factions in a country that has long since been proven posed no real threat to us while we've ignored real threats like Iran, Syria and North Korea.  After 8 years of gunslingin' rootin' tootin' leadership, I would think a little caution might be in order.  American blood should not run so easy in the lands of a foreign nation, and all precautions available should be taken before we leap into a violent undertaking.
Dale Brimley:  Should these wise advisors be as "honest and humble" as those in the present administration?  If so, God help us!
Boy, with all the differing opinions from everyone here, the media is not doing a very good job of pulling us around with that ring in our nose. Can we stop with the baseless 'liberal', conservative' labels and get back to the fact that we are a democracy and everyones opinion is just that, an opinion. Truth comes out after the opinions all vaporize and become just words, why is everything said now "fighting words? Because confrontation is the only way the rebumplikans can keep power, the rest of their governance is based on the needs of the few over the many. It will be the many that will vote for change. Hooray for Democracy, it overcomes opinion everytime.
I'm amazed that so many attributed the quote "going to war is the most serious decision a President can make" with Romney.  To be fair, it wasn't even Giuliani, it was his paid Admiral that made the statement.  Romney is by far the better candidate.  Giuliani is more arrogant that Bush and would consult no one about crucial decisions.  Also, why is he proud that he took the line-item veto to the Supreme Court and won.  That move alone costs U.S. taxpayers hundreds of millions in pork barrel spending.  What a moron.    
While I think Romney could have worded his response a bit better, I don't think Romney was saying he would sit down with lawyers during his Presidency. I think he was basically saying that he needs to check which legal actions that are allowed before saying yes or no on military actions in Iran. I think he was saying, "I'm not sure if I could but I'll have to find out what's legal and not legal before doing so." I don't think Romney meant to sound like he would consult with lawyers during his Presidency. But I also really liked Mike Huckabee's answer. If there is an immediate threat against our nation, it'd be dispicable of us to not take action and lose hundreds, thousands, or millions of people from a Nuclear attack because we had to check with Congress before defending ourselves.

Ron Paul said there has never been an attack by a country on America in its entire history. Hmmm.. I wonder where he was when Japan killed 3,000 people by attacking Pearl Harbor unexpectedly.


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