Monday, January 15, 2007

More on War Powers

At least two items are worth noting about the president's appearance on 60 Minutes last night.

The first is relatively mundane--the administration is using a popular network show to influence public opinion. Interestingly, one that has been the source of criticism during the 2004 election. Almost certainly there was a strategic choice to use this forum rather than a precitable one such as Fox.

The second, once again, is the constitutional issue concerning the balance between legislative and executive powers, which the president obviously want tipped in his favor.

Here's the key exchange:

PELLEY: Do you believe as commander-in-chief you have the authority to put the troops in there no matter what the Congress wants to do?

BUSH: In this situation, I do, yeah. Now, I fully understand they could try to stop me from doing it. But I made my decision, and we're going forward.

The allegation is that the bill authorizing the use of force that was passed by Congress four years ago is Expect this claim to be debated repeatedly in the coming days. It may very well end up in the courts, because members of Congress can point out that certain clauses within the Constitution give them military powers as well.

Here are those powers:

[Congress has the power...]

- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

- To provide and maintain a Navy;

- To make Rules for the Government and Regulation of the land and naval Forces;

- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

This should be fun...