Revisiting War Powers
The release of a new report on War Powers has prompted a lot of media coverage. In an op-ed in the New York Times (Put War Powers Back Where They Belong), James Baker and Warren Christopher lay out a new model focused on consultation between the President and Congress prior to using force. Their model is based on the model for authorizing covert actions, which seems largely to have worked. The problem the Baker-Christopher approach is that as a practical matter it is likely to fix nothing because there is nothing to fix. In practice, Congress has been authorizing uses of force, and has been annually voting on funds. Congress can already mandate a withdrawal of forces by passing a law, over the President’s veto if necessary. And if the President refuses to enforce the law, Congress can impeach him. There is nothing in this new approach that alters these basic dynamics, and there is nothing in this new approach that will make the politics of authorizing force different or easier to manage.
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I would not be so quick to disparage an approach that seeks to improve communication between the President and Congress before the United States goes to war. Not only are actions to ensure that there is a consensus on the objectives of a war good in their own right (see Clausewitz), but I don’t share your confidence in Congress’ ability to mandate a withdrawal. Since the 2006 elections, it appears to me that every move to limit or reduce operations in Iraq has been countered by complaints that such actions are not supporting the troops or are limiting the options available to commanders in the field, and the war has continued. Ending wars is hard, let’s make sure we know why we are starting the next one.
But Bill, this approach does not make it harder to go war, it makes it easier. It does not increase the public debate on going to war; this proposal would take what ought to be a national debate and turn it into a series of closed-door consultations between the Administration and selected Congressional leaders. In terms of mandating a withdrawal, this new proposal would give no new powers to Congress. The notion that the existence of some Congressional rules — which can be lifted at any moment — will provide political cover for defunding combat operation is, I think, wishful thinking at best.
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