8-24-05

Did He Die For Our America?


Spc. James M. Kiehl

December 22, 1980 - March 23, 2003
Comfort, Texas - Nasariyah, Iraq

James M. Kiehl was one of the first American soldiers to die in Iraq in 2003.

James was killed in action after his convoy was ambushed on March 23, 2003 three days after the start of the Iraq war. He was on his way to repair computers for a Patriot missile launcher. He was assigned to the 507th Maintenance Company, Fort Bliss
, Texas.  He left behind a wife, Jill, and an unborn son, Nathaniel. 

In April of 2003, James was buried in Centre Point Cemetery, near his family's home in Comfort, Texas. Vicki Pierce, James’ aunt, attended James’ funeral. During the drive to the cemetery, Vicki’s 17 year old daughter, Amy, snapped a series of photographs of what she witnessed along the roadside. 

 

Before continuing with this article, our readers are strongly urged to read the e-mail from Vicki Pierce and see the photos from the funeral procession of this little-noticed, but honorable American.

Following the funeral, Vicki sent an email to the members of her church choir. Music and a prayer have been added by others. The e-mail was recently forwarded to the Foundation.  

I was deeply moved as I read the story and reviewed the moving pictures. 

After over two years, I knew I was becoming somewhat calloused and hard hearted after hearing, day after day, about the numbers of Americans dying in Iraq and Afghanistan, about the numbers of others dying by our hand and in their growing civil war, about our appetite for gasoline - at any cost, and about our continuing involvement in the internal affairs of other nations.

In addition, I suppose I had begun to shrug off the sight of the growing number of barricades, check points, cameras and monitors now protecting and isolating the government in America from the American People: a process that began long before 9/11.  

However, Vicki Pierce’s email and the roadside salute sent a wave of emotions over me – my unbounded love for my God and my country, the true meaning and value of life and liberty, and concern for an America without a Constitution. 

I knew James Kiehl would still be alive if Rep. Henry Hyde had only taken the advice of Rep. Ron Paul on October 3, 2002, during the House International Relations Committee hearing on the White House’s Iraq Resolution.

In the very limited Committee debate and in defending the Resolution, Chairman Hyde openly declared that portions of the Constitution were now “anachronistic” and "inappropriate".  Rep. Paul countered, strongly admonishing his colleagues in the House for their failure to follow the dictates of the war powers clauses of the Constitution and, instead, bowing to political expediency.  

I also felt that James and so many other people would still be alive if the President or some members of Congress had only responded, as required by the First Amendment, in November 2002, to the People’s Petition for Redress of Grievances regarding the Iraq Resolution.

On November 14, 2002, (four months before the invasion of Iraq), scores upon scores of Americans had caravanned to Washington, DC, to assemble on the National Mall to await the government’s response. At the end of the day, neither the President, nor any member of Congress responded or even sent a representative to tell the People assembled when their Petitions for Redress would be answered.
 

Sadly, instead, the Petitions were ignored and the Iraq war proceeded with the ensuing loss of thousands of American lives, untold numbers of limbs, the destruction of vast foreign properties, and the expenditure of billions of dollars – all secured by tax-supported government debt.

Beyond these tragedies, many around the world are now “fighting mad” at America for what we have done --- all because of an arrogance of power which led our leaders to eschew  America’s rule book, the Constitution of the United States of America, with its essential underlying principles.

In short, we went to War in violation of our own Constitution and the moral and spiritual fabric upon which our nation was founded.

 

Our War Powers Petition for Redress 

How right we were in the fall of 2002, when we formally served every member of Congress and the President with a Petition for Redress asking for answers to 23 questions regarding the War Powers clauses of the Constitution and the Iraq Resolution. Click here to view (and sign) the Petition for Redress of grievances. 

If only the government had honored the Petition Clause by acting on our War Powers Petition: there would have been a Committee review of the Petition, leading to a full public congressional debate on the President’s call for an invasion of Iraq, followed by an up or down vote on a Declaration of War.

More than likely, there would NOT have been a decision to go to war against Iraq because, as we now know, the Executive would NOT have been able to prove its claims that Saddam Hussein had weapons of mass destruction, and that he was reconstituting his nuclear weapons program and that Iraq was linked to 9-11 and al ‘ Queda.

More than likely, the lack of clear and convincing hard evidence justifying a pre-emptive attack on Iraq would have resulted in an anemic, unconvincing public debate.  It is likely cooler heads in Congress would have prevailed -- leaving it to the people of Iraq, not America, to rid the world of one of its despised dictators.

Instead, our Congress, despite the clear requirements of our Constitution, and without critical, public examination of the evidence, voted (without lawful authority) to empower the President (at his sole discretion) to engage the military of this nation and preemptively strike a foreign country that, in fact, posed little or no credible threat to either our land or our People. 

As the true details of history continue to be revealed in the news and across the Internet, it is now reasonable (and more accurate) to acknowledge that the real reason that Spc. James M. Keihl and countless others have died and suffered is because We The People -- acting either out of collective fear or imperial hubris – permitted our government, through deception, omission and contrivance to commit unconstitutional acts which have committed us to a conflict thousands of miles away from our home -- and for which we sadly lack any clear moral or ethical justification.

The price of these ongoing acts will continue to weigh heavily upon this nation, the soul of its People and our Republic’s ability to preserve the Freedoms and Founding Principles that we have allegedly sent our sons and daughters to defend with their lives and their limbs.  

For the reason that we are still engaged in hostilities in Iraq without a Declaration of War, and the likelihood that our government will again seek to use the men and women of our armed forces of the United States in overseas hostilities without declarations of war, we must continue the Petition process as provided by the First Amendment, including its enforcement through the withholding of our tax monies until our grievances are Redressed.

In the end, it is all but certain that history will conclude that the Iraq War was but a symptom of the much larger disease facing our nation:  the ongoing and systemic attacks on our Constitution by those that profit from war, financial sophistry and the beneficence of a corrupt and unrestrained government.

It‘s time to demand accountability to our Constitution. 
It’s time to make sure that  Americans like James Keihl  -- who have paid the ultimate price -- have not died in vain.

The least we can do is stop funding an unconstitutional war.

“No Answers, No Taxes.”


Respectfully,

Robert Schulz,

Chairman
We The People Foundation

www.GiveMeLiberty.org 
 


Click here
for Vicki Pierce’s e-mail about the funeral
of her nephew, Spc. James M. Kiehl. 

Related articles on our website regarding our Petition for Redress
regarding the Iraq Resolution and the war powers clauses of the Constitution:
 

 “It Is Now Out In The Open -- Congress:
'The Constitution Is Inappropriate and Anachronistic' ”  

 “Open Letter To Bush, Frist, Hastert and Hyde.

 

 History Making Lawsuit Proceeds.” 

 Stopping Undeclared Wars.” 


Learn more about WTP's landmark Right-to-Petition lawsuit
which seeks, for the first time in history, a declaration of Right
regarding the Petition clause of the First Amendment and the
Right of the People to enforce the Right of Petition (and halt
unconstitutional acts of our government) by withholding taxes.