Congress surrenders warmaking role

WASHINGTON — Americans are wondering, with the lassitude of uninvolved spectators, whether the president will initiate a war with Iran. Some Democratic presidential candidates worry, or purport to, that he might claim an authorization for war in a Senate resolution labeling an Iranian Revolutionary Guard unit a terrorist organization. Some Democratic representatives oppose the president’s request for $88 million to equip B-2 stealth bombers to carry huge “bunker-buster” bombs, hoping to thereby impede a presidential decision to attack Iran’s hardened nuclear facilities.

While legislators try to leash a president by tinkering with a weapon, a sufficient leash — the Constitution — is being ignored by them. They are derelict in their sworn duty to uphold it. Regarding the most momentous thing government does, make war, the constitutional system of checks and balances is broken.

Congress can, however, put the Constitution’s bridle back on the presidency. Congress can end unfettered executive warmaking by deciding to. That might not require, but would be facilitated by, enacting the Constitutional War Powers Resolution. Introduced last week by Rep. Walter Jones, a North Carolina Republican, it technically amends, but essentially would supplant, the existing War Powers Resolution, which has been a nullity ever since it was passed in 1973 over President Nixon’s veto.

Jones’ measure is designed to ensure that deciding to go to war is, as the Founders insisted it be, a “collective judgment.” It would prohibit presidents from initiating military actions except to repel or retaliate for sudden attacks on America or American troops abroad, or to protect and evacuate U.S. citizens abroad. It would provide for expedited judicial review to enforce compliance with the resolution, and permit the use of federal funds only for military actions taken in compliance with the resolution.

It reflects conclusions reached by the War Powers Initiative of the Constitution Project. That nonpartisan organization’s 2005 study notes that Congress’ appropriation power augments the requirement of advance authorization by Congress before the nation goes to war. It enables Congress to stop the use of force by cutting off its funding. That check is augmented by the Anti-Deficiency Act, which prohibits any expenditure or obligation of funds not appropriated by Congress, and by legislation that criminalizes violations of the act.

All this refutes Rudy Giuliani’s recent suggestion that the president might have “the inherent authority to support the troops” even if funding were cut off. Besides, American history is replete with examples of Congress restraining executive warmaking. (See “Congress at War,” a book by Charles A. Stevenson.) Congress has forbidden:

Sending draftees outside this hemisphere (1940-41); introduction of combat troops into Laos or Thailand (1969); reintroduction of troops into Cambodia (1970); combat operations in Southeast Asia (1973); military operations in Angola (1976); use of force in Lebanon other than for self-defense (1983); military activities in Nicaragua (1980s). In 1993 and 1994, Congress mandated the withdrawal of troops from Somalia, and forbade military actions in Rwanda.

When Congress authorized the president “to use all necessary and appropriate force” against those complicit in 9/11, Congress refused to adopt administration language authorizing force “to deter and pre-empt any future” terrorism or aggression. The wonder is that the administration bothered to seek this language.

The administration’s “presidentialists” — including the president — believe presidents are constitutionally emancipated from all restraints regarding core executive functions, particularly those concerning defense and waging war. Clearly they think the rejected language would have added nothing to the president’s inherent powers.

Congress’ powers were most dramatically abandoned and ignored regarding Korea. Although President Truman came from a Congress controlled by his party and friends, he never sought congressional authorization to send troops into massive and sustained conflict. Instead, he asserted broad authority to “execute” treaties such as the U.N. Charter.

For today’s Democrats, resistance to unilateral presidential warmaking reflects not principled constitutionalism but petulance about the current president. Democrats were supine when President Clinton launched a sustained air war against Serbia without congressional authorization. Instead, he cited NATO’s authorization — as though that were an adequate substitute for the collective judgment that the Constitution mandates. Republicans, supposed defenders of limited government, actually are enablers of an unlimited presidency. Their belief in strict construction of the Constitution evaporates and they become, in behavior if not in thought, adherents of the woolly idea of a “living Constitution.” They endorse, by their passivity, the idea that new threats justify ignoring the Framers’ text and logic about shared responsibility for warmaking.

Unless and until Congress stops prattling about presidential “usurpation” of power and asserts its own, it will remain derelict regarding its duty of mutual participation in warmaking. And it will merit its current marginalization.

George Will is a Washington Post columnist. His e-mail address is georgewill@washpost.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Friday, Feb. 7

A sketchy look at the news of the day.… Continue reading

Curtains act as doors for a handful of classrooms at Glenwood Elementary on Monday, Sept. 9, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Editorial: Schools’ building needs point to election reform

Construction funding requests in Arlington and Lake Stevens show need for a change to bond elections.

Schwab: Trump proves not as bad as feared; it’s worse

Taking food and medicine from kids; surrendering control to Musk; is this what you voted for?

Keep necessary homeless service program at its Everett location

Regarding The Herald’s front-page coverage of the Hope ‘N Wellness community services… Continue reading

We can’t afford the rich not paying their fair share

In a recent column, Todd Welch claims that a wealth tax on… Continue reading

Can we find a politically moderate path, please?

I was just wondering what happened to the moderates. I am a… Continue reading

Kristof: World’s richest men take on world’s poorest people

Trump says the USAID is run by ‘radical lunitics.’ Is saving countless lives now lunacy.

FILE- In this Nov. 14, 2017, file photo Jaìme Ceja operates a forklift while loading boxes of Red Delicious apples on to a trailer during his shift in an orchard in Tieton, Wash. Cherry and apple growers in Washington state are worried their exports to China will be hurt by a trade war that escalated on Monday when that country raised import duties on a $3 billion list of products. (Shawn Gust/Yakima Herald-Republic via AP, File)
Editorial: Trade war would harm state’s consumers, jobs

Trump’s threat of tariffs to win non-trade concessions complicates talks, says a state trade advocate.

A press operator grabs a Herald newspaper to check over as the papers roll off the press in March 2022 in Everett. (Olivia Vanni / The Herald file photo)
Editorial: Push back news desert with journalism support

A bill in the state Senate would tax big tech to support a hiring fund for local news outlets.

Jayden Hill, 15, an incoming sophomore at Monroe High School is reflected in the screen of a cellphone on Wednesday, July 10, 2024 in Monroe, Washington. (Olivia Vanni / The Herald)
Editorial: Students need limits on cellphones in school

School districts needn’t wait for legislation to start work on policies to limit phones in class.

toon
Editorial cartoons for Thursday, Feb. 6

A sketchy look at the news of the day.… Continue reading

Lake Stevens school bond funds needed safety work at all schools

A parent’s greatest fear is for something bad to happen to their… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.