We now have a glimpse of the War Powers Resolution promised by Sen. Tim Kaine (D., Va.), which is reportedly scheduled for a vote in the Senate on Tuesday. The resolution purportedly ends all combat operations against Iran … until you reach the very end where there is a hole that you could drive a combat task force through.
I respect members asserting their inherent constitutional authority. I have long criticized the lack of declarations of war as demanded by the Framers. We have not had a formal declaration of war since World War II. However, courts and Congress have long deferred to presidents in the conduct of such operations.
I represented congressional members challenging the Libyan war operation launched by President Barack Obama. Most Democratic members were entirely silent when Obama (and President Joe Biden) exercised such authority against different countries. Notably, the Libyan operation clearly sought regime change without an imminent threat to the United States. Some of those members are now the loudest condemning President Donald Trump in this operation.
This resolution shows how presidents can easily box in Congress once combat operations begin.
The resolution boldly declares “Congress hereby directs the President to terminate the use of United States Armed Forces for hostilities against the Islamic Republic of Iran or any part of its government or military.”
However, at the very end, the resolution has this line: “Nothing in this section shall be construed to prevent the United States from defending itself from imminent attack.”
As I wrote this week, the problem with such resolutions is that they are effectively meaningless in the context of full combat operations against a nation: “Kaine and others insist that hostilities were not imminent when we attacked. Even if that were true, they are now.”
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