Shuck Bush

9 July 2008

The National War Powers Commission, a bipartisan group, is preparing to submit a new War Powers Resolution. The old resolution passed in 1973 following the Vietnam War is ineffective and may be unconstitutional. The new law would require the president and Congressional leaders to discuss the matter before going to war except for emergencies. With the current law the two branches don’t always consult and even when they do, they often dispute their respective powers. For years we have expected Congress and the president to talk before making a decision to go to war but that doesn’t always happen.

Previously there have been suggestions that the war powers resolution be amended or replaced altogether but proposals to do so haven’t been acted upon because they sided with the president or the Congress. The following is a quote from the National War Powers Commission about their proposed statute. “Our proposed statute would provide that the president must consult with Congress before ordering a “significant armed conflict” — defined as combat operations that last or are expected to last more than a week. To provide more clarity than the 1973 War Powers Resolution, our statute also defines what types of hostilities would not be considered significant armed conflicts — for example, training exercises, covert operations or missions to protect and rescue Americans abroad. If secrecy or other circumstances precluded prior consultation, then consultation — not just notification — would need to be undertaken within three days”. Makes sense to me!

A joint Congressional committee would be created with the leaders of the House and Senate plus the chairmen and ranking members of key committees with whom the president would need to personally consult. The act would establish a permanent, bipartisan staff with access to intelligence and national-security information. Such a statute would allow the people to hold Congress accountable for its role in a decision to go to war. Would such a statute have kept us out of the Iraq war? We may never know that answer. We need a law that will encourage future presidents and Congresses to work together to protect our nation.

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