THEIR VIEW: Lawmakers must follow the Constitution on waging war

Published on Wednesday, 16 May 2018 18:51
Written by

Americans might differ over the finer points of the Founding Fathers’ plan to share war-making authority between the executive and legislative branches, but the basic principle has always been clear. Congress, and only Congress, has the power to declare war; the president and his military advisers are responsible for waging it.

Lawmakers’ latest attempt to restate their constitutional prerogative has those aims backward.

Since the start of this century, three consecutive presidents expanded the war against terrorism well beyond its original purposes - yet Congress repeatedly failed to update or set aside the measures it passed in 2001 and 2002 authorizing the invasions of Afghanistan and Iraq. Lawmakers back then had no inkling of the future rise of Islamic State, the Syrian civil war, or the spread of Islamic extremism in northern Africa and the Arabian Peninsula. Those initial authorizations have been stretched beyond the bounds of plausibility.

Now a couple of Senate heavy hitters - the Republican chairman of the Foreign Relations Committee, Bob Corker, and former Democratic vice-presidential nominee Tim Kaine - have put together an authorization bill supplanting the previous two. Unlike previous proposals, it has a chance of actually getting to a floor vote.

On the biggest issue - providing legal footing for the expanded war - the proposal does fairly well.

It would explicitly add Islamic State to the list of targeted parties, alongside the Taliban and al-Qaida.

In other ways, the measure is disappointing.

Congress had stood on the sidelines of the war on terrorism for too long. This was not just constitutionally incorrect, it was also unwise, because it set precedents that could allow future presidents to act unilaterally, with too little regard for countervailing arguments and public opinion. If it goes on, this abdication of responsibility will leave the U.S. weaker.

Bloomberg View



Posted in The Bristol Press, Editorials on Wednesday, 16 May 2018 18:51. Updated: Wednesday, 16 May 2018 18:54.