CONGRESSIONAL AUTHORITY TO LIMIT MILITARY OPERATIONS

Does Congress have the constitutional authority to legislate limits on
the conduct of the war in Iraq?

The answer may seem obvious. But to resolve any lingering doubt, the
Congressional Research Service gave the topic a thorough analytic
treatment in a newly updated report and concluded that Congress does
have such authority.

"It has been suggested that the President's role as Commander in Chief
of the Armed Forces provides sufficient authority for his deployment of
troops, and any efforts on the part of Congress to intervene could
represent an unconstitutional violation of separation-of-powers
principles."

"While even proponents of strong executive prerogative in matters of
war appear to concede that it is within Congress's authority to cut off
funding entirely for a military operation, it has been suggested that
spending measures that restrict but do not end financial support for
the war in Iraq would amount to an 'unconstitutional condition'."

To rebut any such suggestion, the newly updated CRS report "provides
historical examples of measures that restrict the use of particular
personnel, and concludes with a brief analysis of arguments that might
be brought to bear on the question of Congress's authority to limit the
availability of troops to serve in Iraq."

"Although not beyond debate, such a restriction appears to be within
Congress's authority to allocate resources for military operations,"
the report stated.

See "Congressional Authority To Limit U.S. Military Operations in
Iraq," updated July 11, 2007:

http://www.fas.org/sgp/crs/natsec/RL33837.pdf

See, relatedly, "Defense: FY2008 Authorization and Appropriations,"
updated July 13, 2007:

http://www.fas.org/sgp/crs/natsec/RL33999.pdf

and "FY2007 Supplemental Appropriations for Defense, Foreign Affairs,
and Other Purposes," updated July 2, 2007:

http://www.fas.org/sgp/crs/natsec/RL33900.pdf

Now that we have the authority, we still have the question of whether Democrats have the will to do so, or will they get sufficient will in time or will they be a day late and a dollar short, as usual?

I would guess they are weighing the stigma a being known as the white flag party if they decide to cut anfd run, eh?

Using the sloganized talking point of "cut and run" doesn't require any thought -- just another lockstep in lowering the bar for understanding and knowing what the different proposals entail. But then that requires some real thought and attention to details. I think the Republican neocons and cronies have overworked the sloganizing and it is boomeranging at this stage.

Article 1,latter part Section 8 of the Constitution carefully states what the responsibilities of Congress are in regard to land and naval forces. It is not a lengthy delineation, but if your reading comp level is what we hope then there should be no problem understanding what Congress can do --here are some portions you can check out.....

To raise and support Armies...........

To make Rules for the Government and Regulation of the land and naval Forces...............


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Plain as day isn't it. Of course when there is an administration that thinks the Constitution is just a bunch of yellowed papers to be trashed and ignored then that is another matter...........I am definitely not in that camp.


lenal

I never argued that congress doesn't have the right to do it. The questions not if they have the right, the question wil be is it the right thing for them to do.

If they do they will forever be branded as the party of the white flag. Your right, not much thought required; seems to be a prevalent attitude amongst many folks serving in congress as well, eh?

I guess they'd have to take the flag from the Nixon Republicans.
Nixon's war was the basis for his downfall (the Watergate burglary, the cover-up, the paranoia and the abuses in the Justice Dept. - domestic spying et al). In fact, this administration reminds me very much of the Nixon administration, except that Nixon finally swallowed the pill, admitting the light at the end of the tunnel was a locomotive.

Nixon inherited his, Bush started his and still won't face facts.

So, I don't really fear being tagged "the white flag party" as
much as the GOP is going to be labeled the "Incompetent Party".

I just wish these guys that never served would quit trying to gain a rep by sending real soldiers into a B.S. war, then wanting to forget their mistake and demand they stay indefinately (or at least until they can squirm out of the White House).

Everytime I talk about the Iraq War I heard the "Mission Impossible" theme in the back of my mind.
Dum, dum, dum, dum;
dum da dum dum;
dum, dum dum, dum;
dodolla-dum...

It seems so prevalent to trash Congress en masse, but I don't exactly go down that path.......in my doddery old age in comparison to previous decades, I have to limit my other activities to the energy available so can watch many hours of congressional hearings, live floor sessions etc through the availability of C-Span. That option wasn't even available for the first two thirds of my life. I have gained a respectful idea of what iit must be like to carry out the duties of members of the House of Representatives and the Senate. Of course one wishes a lot of the inanity could be eliminated. Case in point, McConnell's amendment today when the Senate was working on a bill regarding educational finance. The amendment was another baby step in the fear choreography that is the main political tool of this administration - here is what was under consideration:

Legislative and Voting Schedule for Thursday, July 19, 2007

JULY 19, 2007 -- 10:00 a.m.: Convene and resume consideration of H.R. 2669, the Higher Education Reconciliation Act.

and what was the amendment about --- about preventing any Guatanamo prisoners coming to your town! I kid you not!


Not telling the results --- go research.



But I season my viewing with loads of reading, one of the current books I am reading is "When a Crocodile Eats The Sun" by Peter Godwin. It is an African memoir and is a very compelling and powerful story. If you have time for some extra summer reading, try it.

Here's the note about the author.

Peter Godwin is an award-winning author, journalist, and film-maker. Born and raised in Zimbabwe, he studied at Cambridge and Oxford and became a foreign correspondent for the Sunday Times(London) and BBC-TV, reporting from more than sixty-five countries. Since moving to New York, he has written for many publications including National geograhic and the New York Times Magazine. He also teaches at the New School.



lenal

Well, almost without question the democratic party will regain the whitehouse in 2008. 9/11 happened eight years after the first attempt was made to bring down the WTC.

If al Qaeda's timing holds up that ought to be just about a month or two after a new democratic president takes office; then the republicans will say, "We told you so, the democrats are weak on national defense and let the terrorist attack you again".