War Powers Resolution
Judging from press reports, when Congress returns from its August recess in early September, the United States military will have been bombing "Islamic State" fighters in Iraq for a month, with a broader set of missions than originally advertised, and with plans to continue bombing for months.
On Sunday, Republican Sen. Bob Corker and Rep. Eliot Engel - a Democrat who voted for the Iraq war - told Fox News that President Obama should strike Syria first and get Congressional approval afterwards.
Before we have a war with Iran, shouldn't the Senate and the House have at least one debate and vote on it? Isn't that what the Constitution demands? Isn't that what is demanded by the War Powers Resolution (which, despite its name, is binding law)?
If you agree to the principle that Congress should debate and vote on a war with Iran before any such war takes place (which also happens to be the Constitution and the law), when do you think a good time would be for the Senate and the House to start taking up the question? Should we wait until after there is further escalation? Should we wait until after some real or invented Persian Gulf of Tonkin incident, when Members of Congress can be steamrolled by cable news and right-wing talk radio? Or should we start having the debate now, when rational argument still has a chance, so that Members of Congress will be forced to choose sides between American generals, who oppose war with Iran, and the Israeli Prime Minister, who wants war with Iran?
Kentucky Senator Rand Paul thinks we should have the debate right now.
On Tuesday, Sen. Paul took to the Senate floor to oppose unanimous consent of a new Iran sanctions bill so he could introduce an amendment that would ensure that nothing in the act shall be construed as a declaration of war or an authorization of the use of force against Iran or Syria, and affirm that any use of military force must be authorized by Congress.
Last week, voting on amendments on the 2012 National Defense Authorization Act, the House of Representatives began taking action to limit U.S. military involvement in Libya's civil war.
Now the House leadership has agreed to a vote on House Concurrent Resolution 51, introduced by Ohio Representative Dennis Kucinich, which would direct the President, pursuant to the War Powers Resolution, to remove U.S. armed forces from the Libya war. The vote could come as early as Wednesday afternoon.
The U.S. military intervention in Libya was never authorized by Congress, and thus violates U.S. law and the U.S. Constitution.
Some have argued that other Presidents have violated the War Powers Resolution, therefore it is no big deal. This is a breathtaking argument on its face: "everyone breaks the law." But moreover, as the New York Times noted on May 25:
many presidents, citing their power as commander in chief, have bypassed a section that says they need prior Congressional authorization to deploy forces into hostilities, except if the country is under attack. But there is far less precedent of presidents' challenging another section that says they must terminate any still-unauthorized operations after 60 days. In 1980, the Justice Department concluded that the deadline was constitutional. [my emphasis]
On May 20, the New York Times reported, referring to the 1980 Justice Department memorandum,