Going to war: who decides? The debate between President Bush and Congress over the conduct of the Iraq war is the latest in a long line of disputes over war powers.In January, a few days after President Bush announced his plan to send another 20,000 troops to Iraq, he made it clear that he believed the decision was his alone to make as Commander in Chief of the military. "I made my decision, and we're going forward," he said in a television interview. But in Congress, where there is considerable opposition to the war in Iraq and to the President's plan for a troop "surge," some lawmakers say the President's authority to make war is far from absolute. "I suggest we are coequal--Congress, along with the President--in deciding when, if, how long, and under what circumstances to send Americans to war," said Senator Joseph Biden of Delaware, who opposes the President's plan. The question of who can send American troops to war--the President or Congress--has been debated in Washington for more than 200 years. The Constitution divides war powers between the executive and legislative branches, but the language is open to interpretation. The Constitution says: "The President shall be Commander in Chief of the Army and Navy of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. ." (There was no Air Force or Coast Guard in 1789, and the Marine Corps was, and is, technically part of the Navy.) Today, the heads of all five branches of the military ultimately take their orders from the President. But the Constitution also says: "The Congress shall have power ... to declare war" and to "provide for the common defense ... of the United States." And since Congress also controls federal spending--what's known as "the power of the purse The power of the purse is the ability of one group to manipulate and control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used positively (e.g. "--it has the authority to decide whether to fund a war. At the very least, the Founding Fathers seem to have wanted Congress to have some say in matters of war. "In no part of the Constitution is more wisdom to be found than in the clause which confides the question of war and peace to the legislature, and not to the executive department," James Madison wrote in 1793. FIVE FORMAL DECLARATIONS Congress has formally declared war only five times (see timeline, p. 10), but Presidents have sent troops to fight abroad more than 200 times, including various interventions in Central America Central America, narrow, southernmost region (c.202,200 sq mi/523,698 sq km) of North America, linked to South America at Colombia. It separates the Caribbean from the Pacific. , the war in Vietnam, and the current conflicts in Afghanistan and Iraq. Usually, there has been some kind of congressional assent beforehand, but not always. "From Washington forward, Presidents have engaged in military activities without declarations and without authorizations," says Matthew Spaulding of the Heritage Foundation. But since the Vietnam War Vietnam War, conflict in Southeast Asia, primarily fought in South Vietnam between government forces aided by the United States and guerrilla forces aided by North Vietnam. , which lasted more than a decade and divided the nation, the issue of presidential vs. congressional authority in wartime has come up many times. In the late 1960s, as the number of Americans killed in Vietnam rose Vietnam Rose is a television series that was aired on the Philippine station, ABS-CBN. Synopsis Vietnam Rose follows the journey of Nguyen Dang Thien Yeu, a Vietnamese woman, who embraces life in a foreign land to forget the memory of her tragic past. (eventually reaching 58,000), there was increasing pressure to end the war. Congress responded in 1970 by barring the use of any funds for troops in neighboring Cambodia, to which the war had spread. And in 1973, after President Richard M. Nixon agreed to withdraw U.S. troops from Vietnam, Congress set a date after which no funds could be used to support combat in Southeast Asia Southeast Asia, region of Asia (1990 est. pop. 442,500,000), c.1,740,000 sq mi (4,506,600 sq km), bounded roughly by the Indian subcontinent on the west, China on the north, and the Pacific Ocean on the east. . WAR POWERS ACT War Powers Act (Nov. 7, 1973) Law passed by the U.S. Congress over the veto of Pres. Richard Nixon. The act restrained the president's ability to commit U.S. forces overseas by requiring the executive branch to consult with and report to Congress before involving U.S. Congress went a step further that year by passing the War Powers Act, which requires a President to terminate the use of force after 90 days unless Congress has authorized it. The act became law after Congress overrode o·ver·rode v. Past tense of override. Nixon's veto, but it has essentially been ignored by every President since then. It has never been constitutionally tested in the courts. In the 1980s, the debate over war powers focused on President Ronald Reagan's desire to provide military aid to the Contras, an anti-Communist insurgent INSURGENT. One who is concerned in an insurrection. He differs from a rebel in this, that rebel is always understood in a bad sense, or one who unjustly opposes the constituted authorities; insurgent may be one who justly opposes the tyranny of constituted authorities. group in Nicaragua. After Congress cut off funding, the administration secretly and illegally sold weapons to Iran and used some of the money to fund the Contras. The discovery of the operation led to the scandal known as Iran-Contra. Considering the long-running tug of war tug of war n. pl. tugs of war 1. Games A contest of strength in which two teams tug on opposite ends of a rope, each trying to pull the other across a dividing line. 2. over who controls the nation's military operations This is a list of missions, operations, and projects. Missions in support of other missions are not listed independently. World War I ''See also List of military engagements of World War I
The November election that gave Democrats majorities in the House and Senate was widely viewed as a repudiation of the Bush administration's management of the war. But since Bush announced the troop buildup, Democrats in Congress--and some Republicans--have struggled with how to respond. (The Pentagon expects about 14,000 additional troops to be on the ground in Iraq by late April.) In February, the House passed a nonbinding resolution expressing disapproval of the troop buildup plan. In March, Democrats in the House and Senate began considering proposals that set a timetable for a U.S. troop withdrawal. The Senate has also considered revoking the broad 2002 Iraq war Iraq War: see under Persian Gulf Wars. Iraq War or Second Persian Gulf War Brief conflict in 2003 between Iraq and a combined force of troops largely from the U.S. and Great Britain; and a subsequent U.S. authorization, or rewriting it to significantly narrow the military mission. Given how closely divided Congress is, any of these measures would likely end up as symbolic gestures, since they would probably not have enough support to override Bush's almost certain veto. But Thomas Mann Noun 1. Thomas Mann - German writer concerned about the role of the artist in bourgeois society (1875-1955) Mann of the Brookings Institution Brookings Institution, at Washington, D.C.; chartered 1927 as a consolidation of the Institute for Government Research (est. 1916), the Institute of Economics (est. 1922), and the Robert S. Brookings Graduate School of Economics and Government (est. 1924). says that Congress has a power that's not specified in the Constitution: its political influence. "Just because it's not binding doesn't mean it's meaningless," he says. "Congress's great leverage is political, not legal or constitutional." There is little dispute that Congress could, if it had the political will, end the war in Iraq almost immediately by using its power over appropriations to cut off funds for the troops. "Congress could easily check the President," says W. Taylor Reveley III, author of War Powers of the President and Congress. "If Iraq continues to go badly ... I can easily see Congress passing something like the Cambodian or Vietnam spending cutoffs, which would force the setting of a timetable for withdrawal that was pretty brisk." If Congress used its appropriations power in this way, even the most vigorous defenders of executive power agree, President Bush would have to acquiesce. "He would have to comply, and he would comply," says John C. Yoo, a former Bush administration official. 'A VERY SERIOUS WEAPON' But most experts agree it would be politically suicidal for Congress to cut off funding while there are troops in harm's way harm's way n. A risky position; danger: a place for the children that is out of harm's way; ships that sail into harm's way. . "I think there's a broad recognition that when you have forces in the field, de-funding is a very serious weapon to wield," says Spaulding of the Heritage Foundation. Does Congress have other options? It clearly has the power to declare war, but does that imply the power to undeclare it? That is, in effect, what the Senate is grappling with by trying to revoke or rewrite the Iraq war authorization. Legal scholars agree that the Founding Fathers divided war powers partly to prevent Congress from intervening in the tactical decisions of a war. It is often said you cannot have 535 generals (100 Senators and 435 Representatives). From President Bush's perspective, any effort in Congress to prevent him from sending more troops to Iraq is just the kind of interference the Constitution aims to prevent. "Every time we've gotten involved in an unpopular war, which has been all our wars except the two World Wars, there has been an enormous amount of bickering bick·er intr.v. bick·ered, bick·er·ing, bick·ers 1. To engage in a petty, bad-tempered quarrel; squabble. See Synonyms at argue. 2. between the President and Congress when it didn't come out the way we wanted," says Reveley. "Sometimes Presidents have acted, [then] Congress said 'Don't do that,' and the President acceded, as in Vietnam. But mostly Congress has stood on the sidelines On the sidelines An investor who decides not to invest due to market uncertainty. on the sidelines Of or relating to investors who, having assessed the market, have decided to avoid committing their funds. and complained." No matter how the current debate is resolved, Congress could react by trying to assert its powers over future Presidents. "Congress will be much more careful in the future about authorizing force without restrictions on presidential power," says Jack Goldsmith Jack Goldsmith is a Harvard Law School professor who has written a number of texts regarding international law and the Internet.[1] From October 2003 to July 2004,[2] he served under Attorney General John Ashcroft and Deputy Attorney General James Comey , a professor at Harvard Law School Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, Harvard Law is considered one of the most prestigious law schools in the United States. . "Every action on each side tends to provoke a counterreaction, which is probably what James Madison wanted." DECLARED VS. UNDECLARED WARS Presidents have sent U.S. troops to fight abroad more than 200 times. A sampling of the major conflicts. (a) WAR OF 1812 1812-15 Just 29 years after the end of the Revolutionary War, Congress declared war on Great Britain Great Britain, officially United Kingdom of Great Britain and Northern Ireland, constitutional monarchy (2005 est. pop. 60,441,000), 94,226 sq mi (244,044 sq km), on the British Isles, off W Europe. The country is often referred to simply as Britain. over trade and westward expansion issues. In 1814, British forces occupied Washington, D.C., burning the White House and the Capitol. (a) MEXICAN-AMERICAN WAR The Mexican-American War[1] was an armed military conflict between the United States and Mexico from 1846 to 1848 in the wake of the 1845 U.S. annexation of Texas. Mexico did not recognize the secession of Texas in 1836; it considered Texas a rebel province. 1846-48 In April 1846, Congress declared war on Mexico over territorial disputes
(b) THE CIVIL WAR 1861-65 The war to preserve the Union took more American lives than any war before or since. But because the secession of the Southern states Southern States U.S. Confederacy government of 11 Southern states that left the Union in 1860. [Am. Hist.: EB, III: 73] Dixie popular name for Southern states in U.S. and for song. [Am. Hist. was considered a domestic insurrection, there was no foreign power on which to declare war. (a) SPANISH-AMERICAN WAR Spanish-American War, 1898, brief conflict between Spain and the United States arising out of Spanish policies in Cuba. It was, to a large degree, brought about by the efforts of U.S. expansionists. 1898 When Cubans rose up against their Spanish colonizers, the U.S. took their side. U.S. newspapers whipped up public support, and Congress declared war on Spain. (a) WORLD WAR I 1917-18 Three years after the war began in Europe, Congress declared war against Germany and its allies. The war marked the end of American isolation from world affairs Noun 1. world affairs - affairs between nations; "you can't really keep up with world affairs by watching television" international affairs affairs - transactions of professional or public interest; "news of current affairs"; "great affairs of state" and the beginning of broad American influence. (a) WORLD WAR II 1941-45 After the Japanese attack on Pearl Harbor, Congress declared war on Japan, and soon thereafter on Germany and Italy. The U.S. emerged from the war as a world superpower. (b) KOREAN WAR Korean War, conflict between Communist and non-Communist forces in Korea from June 25, 1950, to July 27, 1953. At the end of World War II, Korea was divided at the 38th parallel into Soviet (North Korean) and U.S. (South Korean) zones of occupation. 1950-53 When Communist North Korea invaded South Korea, the U.N. condemned the invasion. Along with other U.S. allies, President Truman sent troops for what he termed a "police action." (b) VIETNAM WAR 1964-75 After disputed attacks on U.S. ships near North Vietnam, President Johnson asked Congress for authority to respond. In April. 1964, Congress passed the Gulf of Tonkin Resolution Gulf of Tonkin Resolution (Aug. 5, 1964) Resolution by the U.S. Congress authorizing Pres. Lyndon B. Johnson to use “all necessary measures” to repel armed attacks against U.S. forces in Vietnam. It was drafted in response to the alleged shelling of two U.S. , which gave Johnson broad authority to escalate the war. (b) GULF WAR 1991 When Iraq, under the leadership of Saddam Hussein, invaded Kuwait, the United Nations approved the use of force. A few days before the fighting began, Congress also authorized the use of force. (b) AFGHANISTAN 2001-TODAY Days after the 9/11 attacks, Congress OK'd "all necessary and appropriate force against those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided the terrorist attacks." The war began in (b) IRAQ 2003-TODAY In October 2002, Congress passed a resolution authorizing the use of force as "necessary and appropriate" against Iraq and to enforce U.N. resolutions regarding Iraq. U.S. and allied troops invaded in March 2003 and toppled Saddam Hussein. More than 3,000 Americans have died in Iraq. (a) DECLARED WARS (b) UNDECLARED WARS With reporting by Jeffrey Rosen for The New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times. LESSON PLAN 1: NATIONAL GOING TO WAR WHO DECIDES? BACKGROUND Who has the ultimate authority over the military during wartime--the President or Congress? The issue has been debated for 200 years. Today, as opposition to the Iraq war
CRITICAL THINKING 1 * Direct students' attention to the statements of Congress and the President at the top of pages 8 and 9. * Next, read this joint congressional, resolution of October 2002: "The President is authorized to use the Armed Forces of the United States A term used to denote collectively all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard. See also United States Armed Forces. as he determines to be necessary and appropriate in order to ... defend the national, security of the United States against the continuing threat posed by Iraq." * From the wording of this resolution, does it sound like President Bush has all the authority he needs to wage the Iraq war? CRITICAL THINKING 2 * Ask: If Congress has the power to declare war, does it also have the power to withdraw troops from a war? * Note that every President has essentially ignored the 1973 War Powers Act. Have students discuss what this says about the difference between passing laws and enforcing them. DISCUSSION QUESTIONS * Why do you think Presidents sometimes ask Congress for a declaration of war and at other times do not? * What does the article mean when it talks about Congress having or not having the "political, will" to end the war? WRITING PROMPT * Go to paragraph 2, column 2, on page 8. Rewrite the constitutional, passages on war powers so there is no confusion about the rote of the President and Congress with respect to the military. FAST FACT [right arrow] Exit polls from the 2006 election found that 57 percent of voters disapproved of the Iraq war, compared with 34 percent who supported it. WEB WATCH www.yale.edu/lawweb/ avalon/warpower.htm The War Powers Resolution The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress. The War Powers Act of 1973 is also referred to as the War Powers Resolution (Sec. 1). . Scroll, down to "Congressional. Action," Section 5, paragraph (b). QUIZ 1 > NATIONAL 1. The term "power of the purse" in terms of war powers refers to a setting budgets for the Pentagon. b the President's determination of when and where to go to wan c the distribution of money to the different military services. d the ability of Congress to decide whether to fund a wan 2. Which of the following was not a declared war? a the War of 1812 b the Vietnam War c the Spanish-American War d the Mexican-American War 3. Briefly explain what the House of Representatives recently did to express its disagreement with President Bush's Iraq strategy. -- 4. At the same time, the Senate has been considering a a statement of support for President Bush. b voting for an immediate withdrawal of U.S. troops from Iraq The withdrawal of American military forces from Iraq has been a contentious issue within the United States since the beginning of the Iraq War. As the war has progressed from its initial invasion phase to the more than four-year occupation, U.S. . c revoking or rewriting its 2002 Iraq war authorization. d asking the U.N. to send troops to Iraq. 5. The Iran-Contra scandal involved a selling U.S. arms to Iran and using the money to illegally fund an insurgent group in Nicaragua. b an illegal military incursion in·cur·sion n. 1. An aggressive entrance into foreign territory; a raid or invasion. 2. The act of entering another's territory or domain. 3. into Iran. c. illegally buying oil, from Iran. d U.S. spying in Iran. 6. In 1973, Congress passed the War Powers Act. Briefly explain the intent of that law. -- IN-DEPTH QUESTIONS 1. Explain why you believe--or do not believe--that the Founding Fathers erred by not more explicitly defining the war-making powers of the President and Congress. 2. What do you think accounts for the fact that every President has been able to ignore the limitations imposed by the War Powers Act? |
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