Tag: congressional authorization

Resisting the Calls for Action in Syria

After months of hand-wringing, the Obama administration appears poised to intervene militarily in Syria. Yesterday, Secretary of State John Kerry cited clear evidence of chemical weapons use by forces loyal to Syrian President Bashar al-Assad, and pledged that the United States would hold Assad accountable for a “moral obscenity.” Others have chimed in this morning in agreement. The editorial writers at USA Today declare that Assad’s action “demands” a “precise strike” in response.

As I explain in an “opposing view”:

The desire to “do something” in Syria is understandable. The gut-wrenching images of the dead, including the young, have rocketed around the world. To casual observers, it seems obvious that a country as rich and militarily powerful as the United States must be able to stop the violence.

But the truth is that not even the United States can solve Syria’s problems.

The American public remains strongly opposed to military intervention of any type, and the people’s representatives in Congress generally reflect these sentiments. Unfortunately, presidents can, and usually do, ignore the public’s wishes. President Obama, following the example of his predecessors, has undertaken numerous military operations without securing congressional approval, and he has done so even in the face of clear and bipartisan opposition. (Libya, for example).

A few on Capitol Hill will occasionally complain, as some did yesterday, but a groundswell among members of Congress to affirm their constitutional responsibilities is unlikely, and certainly won’t happen quickly enough to halt what appears to be imminent military action.

But the strongest reason why President Obama should ignore the voices calling for military action is because such intervention is unlikely to achieve anything constructive, and may well do great harm. While the president has the ability to launch air attacks, he is unable to affect the political realities on the ground in Syria that have sustained a brutal and bloody civil war for nearly two and a half years.

Will Obama Comply with the War Powers Resolution?

Six Republican senators are challenging President Obama’s authority to conduct an open-ended war in Libya without congressional authorization. The six conservative lawmakers (Rand Paul (R-KY), Jim DeMint (R-SC), Mike Lee (R-UT), Ron Johnson (R-WI), Tom Coburn (R-OK), and John Cornyn (R-TX)) sent a letter to the president on May 18th asking if he intends to comply with the War Powers Resolution. The full text of the letter can be found here.

The law stipulates that the president must terminate military operations within 60 days, unless Congress explicitly authorizes the action, or grants an extension. The clock on the Libya operation started ticking on March 21, 2011. Congress has neither formally approved of the mission, nor has it granted an extension. Therefore, the 60-day limit expires tomorrow, May 20th.

Last week at The Skeptics, I noted Deputy Secretary of State James Steinberg’s testimony before the Senate Foreign Relations Committee, in which he suggested that the administration wanted to comply, but was consulting with Congress about how to do so. The New York Times presented some of the creative ideas that the administration was considering in order to adhere to circumvent the law. But the senators can read the Times, too. In their letter to the president, they write:

Last week some in your Administration indicated use of the United States Armed Forces will continue indefinitely, while others said you would act in a manner consistent with the War Powers Resolution. Therefore, we are writing to ask whether you intend to comply with the requirements of the War Powers Resolution. We await your response.

Let me be clear about one thing: I’m not a huge fan of the War Powers Resolution, per se. To me, it is silly, sort of like a law that affirmed the Congress’s authority to levy taxes, borrow and coin money, and establish Post Offices. In the same section where these powers are delegated, the Constitution clearly stipulates that Congress shall have the power to declare war. So why does there also need to be legislation?

Most presidents have complied with the spirit of the War Powers Resolution, but more out of deference to the notion that Congress has some role in whether the United States goes to war, not out of genuine conviction that Congress does/should have the most important role in deciding such things. By all appearances, President Obama is bypassing the charade.

I anxiously await his response to the senators’ letter, and am likewise curious to see if other senators raise questions about the administration’s intentions.