Civic Legislative Initiative | Draft No. 008
THE EXECUTIVE ACCOUNTABILITY AND WAR POWERS ACT
Model Law on Financial Liability and Employment Restrictions for Unauthorized Conflicts
Version 1.0
Recognizing that the decision to wage war is the gravest responsibility of the state; Refusing a system where leaders initiate conflicts for political or financial gain; Hereby establishes strict personal and financial liability for Executive overreach in military affairs.
CHAPTER I: DEFINITIONS & TRIGGER
Art. 1.
1. "Covered Officials": For the purposes of this Act, this term applies to: The President, the Vice President, the Secretary of Defense, the Secretary of State, and the National Security Advisor.
2. "Offensive Military Action": Any deployment of Armed Forces into hostilities, or into situations where hostilities are imminent, initiated by the Executive Branch without a prior formal Declaration of War or Specific Authorization for Use of Military Force (AUMF) passed by Congress.
3. "Imminent" is defined strictly as an immediate, specific, and irrefutable threat to the physical safety of the United States, requiring instantaneous reaction where no time exists for Congressional consultation.
4. "Defensive Exception": This Act does not trigger in cases of repelling a sudden attack upon the United States or rescuing U.S. citizens from immediate danger, provided operations do not exceed 60 days.
CHAPTER II: FINANCIAL LIABILITY
Art. 2.
1. Mandatory Escrow Mechanism: To comply with the Compensation Clause of the Constitution, if Offensive Military Action continues for more than 60 days without Congressional authorization, 100% of the net salary and compensation of Covered Officials shall be deposited into a restricted, interest-bearing Escrow Account managed by the Treasury. The funds remain the property of the Official but are inaccessible until the conflict is authorized or the official leaves office, at which point they are subject to forfeiture proceedings.
2. Daily Cumulative Fine: Covered Officials found to have violated this Act shall be subject to a cumulative civil penalty of $50,000 for each day the unauthorized conflict continues. Execution is stayed until the official leaves office.
3. War Profiteering Disgorgement: Any financial gain derived from the conflict by a Covered Official or entities in which they hold a "Beneficial Interest" (ownership >5%) shall be subject to 100% disgorgement plus a punitive fine of 300% of the profit value.
a) Blind Trust Audit: The Office of Government Ethics is empowered to conduct classified audits of Blind Trusts held by Covered Officials to enforce this provision without disclosing holdings to the beneficiary.
b) Cost of Audit: The operational costs of such audits shall be borne initially by the Office of Government Ethics, but shall be fully recoverable from the Covered Official as a personal debt upon any finding of non-compliance or concealed conflict of interest.
4. Pension Forfeiture: Officials responsible for authorizing an unconstitutional war shall permanently forfeit all post-service federal pensions, travel budgets, and discretionary security details. This provision explicitly supersedes benefits granted under the Former Presidents Act of 1958.
CHAPTER III: POST-SERVICE EMPLOYMENT RESTRICTIONS
Art. 3.
1. Upon a final judgment by the court designated in Art. 4 that a Covered Official authorized an Offensive Military Action without Congressional consent, said Official is permanently prohibited from:
a) Serving on the board of directors of any Federal Defense Contractor;
b) Engaging in lobbying activities related to national defense or foreign policy;
c) Receiving compensation of any kind from entities receiving Department of Defense contracts.
2. Violation of this restriction shall result in the disgorgement of all income received and a civil fine of three times the amount of prohibited income.
CHAPTER IV: ENFORCEMENT & JURISDICTION
Art. 4.
1. The United States District Court for the District of Columbia shall have exclusive jurisdiction to determine whether a military action constitutes "Offensive Military Action" under this Act.
2. Any decision by the District Court shall be subject to expedited review by the Court of Appeals for the District of Columbia Circuit and the Supreme Court.
3. Any sitting Member of Congress or active-duty service member deployed to the conflict zone has the legal standing to bring suit under this Act.
CHAPTER V: GENERAL PROVISIONS
Art. 5.
1. If any provision of this Act is held invalid, the validity of the remainder of the Act shall not be affected thereby (Severability Clause).
EXPLANATORY MEMORANDUM (EXPOSÉ)
1. THE PROBLEM
For decades, the United States has engaged in conflicts initiated by the Executive Branch without Congressional Declarations of War. A "Revolving Door" exists where officials initiate conflicts, purchase weapons systems, and then retire to lucrative board positions within the very defense companies they enriched.
2. THE OBJECTIVE
This Act restores the principle of "Skin in the Game." By severing the financial pipeline between the Pentagon and the Defense Industry for officials advocating military intervention, we ensure that decisions of war and peace are made solely in the national interest.
3. RISK ANALYSIS: DECISION PARALYSIS VS. PRUDENCE
Critics may argue this Act creates hesitation in a crisis. However, the "Defensive Exception" (Art. 1.4) explicitly protects all actions taken in self-defense. The Act targets only elective, offensive wars of choice. The "paralysis" of reckless aggression is not a bug, but the intended feature of the Constitution's separation of powers.
Draft No. 008 | Lustra Civic Initiative | License: CC0 Public Domain