Mike Kueber's Blog

March 23, 2011

The power to make war

Republicans are supposed to be sticklers about constitutional niceties – they often describe themselves as constitutional conservatives.  As a practical matter, however, they don’t let constitutional niceties get in the way of America making war at the drop of a hat.  Thus, you did not hear objection from Republicans when Barack Obama recently decided to make war against Libya without any authorization from Congress. 

A couple of nights ago on Bill O’Reilly’s show, Karl Rove noted that, although George W. Bush received Congressional authorization prior to fighting in Afghanistan and Iraq, the Bush administration did not believe such authorization was constitutionally required.  Rove explained that, although the Constitution gives Congress the right to declare war, the Constitution also makes the President the commander in chief, and that right implies the right to make war.  If that were true, why bother giving Congress the right to declare war?

As Washington Post columnist George Will recently declared

  • “Congress’s power to declare war resembles a muscle that has atrophied from long abstention from proper exercise. This power was last exercised on June 5, 1942 (against Bulgaria, Romania and Hungary), almost 69 years, and many wars, ago. It thus may seem quaint, and certainly is quixotic, for Indiana’s Richard Lugar — ranking Republican on, and former chairman of, the Senate Foreign Relations Committee — to say, correctly, that Congress should debate and vote on this.”
  • “There are those who think that if the United Nations gives the United States permission to wage war, the Constitution becomes irrelevant. Let us find out who in Congress supports this proposition, which should be resoundingly refuted, particularly by Republicans currently insisting that government, and especially the executive, should be on a short constitutional leash. If all Republican presidential aspirants are supine in the face of unfettered presidential war-making and humanitarian interventionism, the Republican field is radically insufficient.”

After the disaster in Vietnam, Congress attempted to rein-in presidential war-making by passing the War Powers Resolution in 1973.  This law requires a president to obtain Congressional authorization within 60 days of initiating hostilities.  If America is still fighting Gadhafi in 60 days, it will be interesting to see if the constitutional conservatives insist on a congressional vote.

P.S., a column by Maureen Dowd in today’s NY Times included the following quote from candidate Obama on presidential war-making powers:

  • As compelling as the gender split is, it’s even more interesting to look at the parallels between Obama and W.  Candidate Obama said about a possible strike on Iran, “The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”  Yet both men started wars of choice with a decision-making process marked more by impulse and reaction than discipline and rigor.  Denouncing the last decade of “autopilot” for presidents ordering military operations, Senator Webb told Andrea Mitchell on MSNBC: “We have not had a debate. … This isn’t the way that our system is supposed to work.”
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1 Comment »

  1. Mr. Kueber:

    I want to do a phone interview with yout on former President George W. Bush for an article that I am writing about him for one of the lessons for my summer online section of PS 100: Introduction to Political Science at Western Connecticut State University in Danbury.

    You can contact me at BenjaminS@wcsu.edu.

    All the best,

    Scott Benjamin

    Comment by Scott Benjamin — April 22, 2011 @ 2:00 pm | Reply


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