War Powers: Who Is In Charge?


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Recently, a special commission has been meeting to consider the process of how America gets itself committed to a war.  The commission is headed by former Secretaries of State James Baker and Warren Christopher.  The commission’s report suggested that there should be “… a more meaningful consultation between the President and Congress on matters of war.”  The report, a 72-page statement, essentially suggested that Congress, instead of being the President’s door mat when it comes to war issues, grow a backbone.  

Constitutionally, Congress has the power to “regulate commerce with foreign nations, raise and support armies, provide for the common defense,” and even (good heavens what a concept!) “declare war.” 

In 1973, Congress attempted to clarify its responsibilities (which by the way seemed pretty clear to me) by passing the War Powers Act, which states that the President can sent troops into action only by authorization of the Congress or if America is under attack or serious threat.  Most of us know that WWII was the last American war, which was officially authorized by Congress.  I know that Presidents (Truman, Johnson, Nixon, Bush I, and Bush II) have used a vague resolution of the Senate as congressional authorization to send troop into combat, but there has not been a serious consultation or debate in the congress over sending troop to war since WWII.  The upshot of this is that thousands of American men and women have died (10 of thousands with life-changing wounds) due to what is arguably an illegal action by a president and just plain malpractice by our congress. 

My point here is to say that while I agree with the Baker-Christopher commission’s statement, I think that consultation over war issues will do very little good until we can find some representatives and senators with sufficient guts to do what they have been elected to do.  We must find a congress that will hold the president’s feet to the fire when he asks for authorization to send troops in harm’s way.  Sometimes war is necessary.  Surely, our fight with the Taliban in Afghanistan was a necessary and correct action (too bad we got distracted for that work).  Nevertheless, in all cases, Presidents should have to make an argument for war to a skeptical congress, before we put the lives of excellent military men and women at stake.      


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