Congress and National Security
Foreign Policy magazine has an interview up with Bruce Ackerman about congressional ability to check the president's war powers. It mostly focuses on what can and cannot be done vis-a-vis Iraq (as I've been saying, it comes down to the budget requests) but also gets into Iran. Ackerman says the president can't so much as bomb Iran without congressional authorization. I'd like to believe that's true, and it seems consonant with a straightforward reading of the "declare war" clause of the constitution. That said, we all know that declaring war business has been a dead letter for some time. I also seem to recall that Bill Clinton ordered airstrikes against Serbia without congressional authorization.
Ultimately, the question is less whether or not the president is "allowed" to order attacks on Iran than what happens if he does order such attacks. Say Israel bombs Natanz and Bush supports the Israelis diplomatically and warns Iran against retaliating. Then in Iraq there's some dramatic attack against US forces. In response, the President proclaims that the attacks were organized by Iran and orders, without first asking congress, a retaliatory bombing of Revolutionary Guard facilities. The military is going to obey that order, right? And congress isn't going to impeach and convict Bush, thus removing him from office, replacing him with Dick Cheney, right? In practice, I don't see much restraint on the president's war-initiating authority at all. Congressional control over the purse-strings can effect the course of a conflict once initiated, but the only thing to stop the president from ordering some country bombed would be a military coup.
What's more, it's worth saying that my guess is that if a war with Iran began the way I outline in this post that it would initially have considerable popular support. Not from me. But in the press it will be presented as Bush responding to a clear act of Iranian aggression and most people will buy it.
Comments
You dont even need the Israel-bombs-and-Iran-retaliates-against-the-US scenario. If POTUS orders bombing on WMD-development-it's-1938-again-and-medding-in-Iraq grounds the military will carry it out and there will be no impeachment. The Israel strikes first would help with public opinion, but otherwise nothing is changed.
BTW, I assume it would be possible to impeach Bush'n'Cheney as a team so that you would get someone else, but anyway it wouldn't happen.
And congress isn't going to impeach and convict Bush, thus removing him from office, replacing him with Dick Cheney, right?
Probably not, but if they did, then we would have an effective check on future Presidents' war-making abilities. It would probably be a good move in the long-term, constitutionally speaking.
The key for Bush to get away with an Iran strike is not legal, but theatrical. If it looks too "Gulf of Tonkin," he's in trouble.
Why the WPR means nothing:
Nothing in this joint resolution--
(1) is intended to alter the constitutional authority of the Congress or of the President
What do you think the Addington-Yoo theory of the "constitutional authority of the President" looks like?
Ackerman says the president can't so much as bomb Iran without congressional authorization. I'd like to believe that's true, and it seems consonant with a straightforward reading of the "declare war" clause of the constitution. That said, we all know that declaring war business has been a dead letter for some time.
What about the War Powers Act which specifically states that the POTUS can send troops into combat but then has to withdraw them within 60 days unless Congress explicitly approves an extension? That would seem to give Bush the right to at least commence action against Iran.
I also seem to recall that Bill Clinton ordered airstrikes against Serbia without congressional authorization.
Yup. Odd that George Bush has always asked for and received explicit Congressional approval for his wars, and Bill Clinton didn't (neither did Clinton get Congressional approval for missile strikes against Sudan and Afghanistan or for ordering warships to Haiti).
Did Bush ask for approval for missile strikes in Yemen, Somalia and Pakistan?
Was the AUMF that broad?
The military is going to obey that order, right?
They can resign and go public. That is, Pace can put his stars on the table and give a farewell address to Congress talking about the constitutional need for Congressional approval for military actions. At that point, the groundwork for rapid impeachment is in place.
My impression is that the brass is in fact ready to put their stars on the table if the President orders an attack on Iran without Congressional authorization, at which point if the attack goes through, you impeach Bush. With the point made, Cheney admits he's wrong and calls off the dogs (because that's better than the words "President Pelosi"), Democrats install either Chuck Hagel or Colin Powell as VP, and make the White House irrelevant by forging a coalition with 16 Republicans to run the country.
The only risk here is that Cheney picks a different Republican nominee that is sufficiently acceptable that Landrieu and Nelson feel they have to vote for them.
Hypothetical political futures are fun.
Main text of the AUMF:
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
(b) War Powers Resolution Requirements-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.
That's it. Seems pretty broad, but I'm definitely no expert here.
That does seem pretty broad. Thanks for the info right.
Just like the congressional authorization for the bombing of Lybia in 1986? Or the "liberation" of Grenada?
More than attacking Iran will soon be on the table:
WASHINGTON (Reuters) - U.S. Secretary of State Condoleezza Rice said on Wednesday she believed Venezuelan President Hugo Chavez was destroying his country economically and politically.
Venezuela's Congress on January 31 granted Chavez powers to rule by decree for 18 months as he tries to force through nationalizations key to his self-styled leftist revolution.
"I believe there is an assault on democracy in Venezuela and I believe that there are significant human rights issues in Venezuela," Rice told lawmakers at a congressional hearing. "I do believe that the president of Venezuela is really, really destroying his own country, economically, politically."
Venezuela's Congress on January 31 granted Chavez powers to rule by decree for 18 months
Stupid Republican Congress forgot to give Bush the power to rule by decree for 18 months. Idiots. No wonder they lost power.
"Ackerman says the president can't so much as bomb Iran without congressional authorization"
Can't? Really? Does the president know this?
right, thanks for reminding that the AUMF barely even provides a fig leaf for the invasion of Iraq.
right, thanks for reminding that the AUMF barely even provides a fig leaf for the invasion of Iraq.
agreed. that's why the President got a separate authorization of force for Iraq a year later.
right, thanks for reminding that the AUMF barely even provides a fig leaf for the invasion of Iraq.
Which is why Bush went and got a SECOND AUMF for the Iraq invasion.
wow, when I start sounding like Al I need to re-evaluate things a bit. going away now...
oops, gracias.
wow, when I start sounding like Al I need to re-evaluate things a bit. going away now...
No, no. Your post was completely different than mine. You included a link.
Why is it that our leadeers don't listen to us. Maybe its because we don't hold them accountable. Well start. FIrst of all, we agreed to a set of goals that would make our world a better place. The Millennium Developmetn Goals were agreed on in 2000 by 192 countries including the US. Where are they now? Accountability people!
No, no. Your post was completely different than mine. You included a link.
And 'separate' and 'second' are completely different words that only just start with the same two letters.
"Hypothetical political futures are fun."
Its President Rice, dude, not President Cheney. Remember that Friday afternoon when Big Time resigned for health reasons?
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002
Whereas the efforts of international weapons inspectors, United States intelligence agencies, and Iraqi defectors led to the discovery that Iraq had large stockpiles of chemical weapons and a large scale biological weapons program, and that Iraq had an advanced nuclear weapons development program that was much closer to producing a nuclear weapon than intelligence reporting had previously indicated;
There are several false or distorted statements like this in the 2002 authorization. Most of which are based on intelligence that BushCo manipulated. Also since Iraq did allow inspectors in that invalidates at least some of the reasons listed per UN resolution enforcement.Then there is the fact that according to at least three British memos Bush was determined to invade regardless of evidence that conflicted with his public statements and the cherry picked intel he gave to Congress. Since the 2002 AUMF was based on so much false information that was carefully massaged by Bush it might even serve as evidence in an impeachment proceeding.
As I recall, Bush didn't even use the Iraq resolution as his legal basis to invade Iraq. He used the 9/11 resolution. I'm about to sleep and I can't be bothered to look it all up, but I do remember very early on that this came up at a press conference. Looking back, I wonder if maybe they didn't know just how much bullshit they were talking about Iraq.
The Bush Administration convinced enough of Congress to get the vote he wanted. Maybe Congress ( all of them ) should have done a better job of finding fact before voting. But it is crying over that messy milk. Some would say if you find yourself in a hole, stop digging. I suggest finding a way to leave the hole. And leave it so no one else falls in.
As far as I'm concerned:
the legal system is in shambles. morality is confused (good fight? bad fight?. The white house is in control. The democrats can raise all hell if they want to but NO ONE has put the president in his place. He has to be challenged in front of the media by a competing member of the democratic party. A REAL challenge. I'm talking duel action!
And why are the Universities silent?
The students are in a stupor. I know because I am one of them. We work, we go to school, we get drunk, we smoke weed. None of my friends vote. (note: I have duel citizenship. Canadian and American)
Iran! WTF! I protested Iraq in 2003 and I never imagined that we would be in this place. I always thought that the left wing was missing in the media, The Nation magazine changed that for me. The New york Times Magazine featured an article about the president of Syria...the media already told us the story.
The problem is that there is no way out. We have backed ourselves into a corner and there are no "just" options. Our pride in our inflated conception of democracy is fading into .jpg and .mov. We Know.
Solution: More Oxygen! We need to breath. Years and years it would take to convict all of the politians engaged in criminal activity. America is in need of a visionary. (pssst...sorry folks, socialism is only for the small countries. ((CANADA!!?)
Positives: Most of the population is waking up. The internet is destroying the classical model of hegemony and ideology. The economy is doing fine...
Sweet dreams my southern brethren. Toronto is nice in May so come and visit. Catch a Jays game or something...
Thanks
Best regards
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