War powers rest with Congress
The Constitution gives a clear vision of the Founders’ intentions. If only Congress hadn’t ceded its authority to a war-bound president.
By Mario M. Cuomo
"The Congress shall have power … to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."
— Article 1, Section 8, Paragraph 11 of the U.S. Constitution
If Congress had paid closer attention to our Constitution when dealing with Iraq, the nation would be much better off than we are today. The frustrating political paralysis that prevents us from pulling our forces out of harm's way in Iraq might have been avoided in 2002 when President Bush first made clear his desire to declare war.
Congress could have — and should have — immediately insisted that by virtue of the unmistakably clear language of our Constitution, the power to declare war resides in the Congress and not the presidency. It was our Founding Fathers' wise rationale that something as significant as war should not be determined by one individual but by many, deliberating the issue in Congress.
This remains true, although since World War II timid Congresses and eager presidents have ignored the Constitution several times, occasionally even explicitly handing over their authority to the president, as it did in the case of the Iraq war. That unfortunate trend relegated the issue of war from a constitutional one to a political one, and today we are paying the price for that lapse.
Had Congress accepted in 2002 the responsibility imposed upon it by the Founding Fathers and conducted its own deliberations instead of ceding authority to Bush and depending heavily on the president's "proof," including the 2003 testimony of then-secretary of State Colin Powell before the United Nations, it might have concluded that the war was not necessary. Now, however, it is virtually impossible for it to end by legislation.
Because Congress deferred to the president, no matter what bills Congress is able to pass with respect to funding or otherwise, the president would reject the legislation and continue to claim it is his right as commander in chief to run the war and Congress' duty to sign the checks.
That would create a constitutional issue that could be resolved by the U.S. Supreme Court. Unfortunately, the justices are very reluctant to intervene in any dispute between Congress and the president over war powers, particularly when Congress has made the mistake of authorizing it. In fact, a wartime delegation of power has never been held unconstitutional.
more...
http://blogs.usatoday.com/oped/2007/08/war-powers-rest.html
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
