At War with the War Powers Act

The Battle with Iran Coincides with a Fight within Our Own Government Over Presidential Authority By Gordon HopkinsAs the military engagement that began with the joint U.SD.-Israel strikes against Iran spreads to nearly every other country in the Middle East, the debate over a president’s power to wage war without congressional approval, a debate that occurs every time a president authorizes a major military operation, begins anew. War Powers VoteThis week the House twice held votes on resolutions that would have reigned in Presidents Trump’s war powers in Iran. Both failed, primarily along party lines.War Powers Resolution of 1973Article II, Section 2 of the U.S. Constitution establishes the President as “Commander in Chief of the Army and Navy,” and grants authority to direct the military and respond to immediate threats.Motivated by the Vietnam War and the administrations of Presidents John F. Kennedy, Lyndon B. Johnson, and Richard Nixon committing U.S. troops to Southeast Asia without Congressional approval, Congress approved the War Powers Resolution of 1973. Also known as the War Power Act, the purpose was to limit a president’s ability to engage in prolonged military action unless also supported by Congress. The resolution was passed by two-thirds each of the House and Senate, overriding the veto of President Richard Nixon.Section 2(c) of the War Powers Resolution (50 U.S.C. § 1541) states, “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”According to Cornell Law School, “The War Powers Resolution requires that the President communicate to Congress the committal of troops within 48 hours. Further, the statute requires the President to remove all troops after 60 days if Congress has not granted an extension. After the September 11 Terrorist Attacks, the United States Congress passed the Authorization for Use of Military Force against Terrorists (AUMF). AUMF granted the President all necessary uses of force by nations or people associated with the 9/11 attacks.” Does the War Powers Act Limit a Presidents Ability to Wage War?Not everyone interprets the resolution in the same way. For example, U.S. Representative Mike Lawler (R-NY) posted on social media, “Since many of my Democrat colleagues don’t seem to understand the War Powers Act, it’s very simple: The President must notify Congress within 48 hours of deploying troops or commencing an attack. The President must then withdraw troops within 60-90 days, unless Congress declares war.”However, U.S. Senator Chris Murphy (D-CT) disputed that interpretation by responding, “You have clearly not read the War Powers Act, Mike. Everything you've written is totally wrong. The War Powers Act SPECIFICALLY PROHIBITS military action unless: a/ there is a prior congressional authorization; or b/ it's a response to an attack against the U.S.”Cornell Law School notes, “Presidents have engaged in military operations without express Congressional consent. These operations include the Korean War, the Vietnam War, Operation Desert Storm, the Afghanistan War of 2001 and the Iraq War of 2002. However, Congress never explicitly declared war during these operations; therefore, they are not considered official wars by the United States.” Reaction from Nebraska DelegatesThus far, Trump has received the full support of Nebraska’s federal delegates.U.S. Representative Don Bacon, a frequent critic of President Trump, was one of only two Republicans to vote for a war powers resolution in the House that would have blocked President Trump from using military force in Venezuela without explicit approval from Congress. Prior to that vote, Bacon wrote on social media, “Classified briefings I attended this week were compelling and included intelligence that makes a strong case for strikes being warranted. That said, none of this supersedes Congress’s Article I oversight and authorization responsibilities, and such actions must receive congressional approval.”This contrasts significantly with Bacon’s response to these recent operations against Iran, “Iran has been at war with America since 1979, killing over a thousand Americans in terrorist attacks. Our response was way overdue. Peace through strength is a facade when we don’t respond to a country murdering our citizens.”While he voted for the Venezuelan resolutions, Bacon voted against the recent Iran war power resolutions.Pete Ricketts posted on social media, “The death of the Ayatollah is good. The Iranians are closer to being freed from repression.” Mike Flood wrote, “Diplomacy with Iran has been tried time and again to no avail. The time to act on Iran is now as they’ve never been weaker. Iran has funded terrorism around the world and nuclear weapons would only allow them to spread more chaos and destruction. Our prayers are with the American troops and our allies in the region some of whom have already faced direct attacks from Iran.”Deb Fischer wrote, “I am praying for our brave service members as they carry out this mission to ensure Iran never obtains a nuclear weapon. God bless America and the innocent civilians in Iran, who deserve far better than the regime that has long oppressed them.” Adrian Smith wrote, “For years the Iranian regime and its terrorist proxies have waged war against the lives of Americans, their own people, and millions of others across the Middle East. Lasting peace can ultimately only be achieved through strength, and President Trump is taking action to achieve that goal. May God bless and protect our brave servicemen and women as they protect our freedom.”

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