We took a a bird-eye view of the U.S. Constitution in GOVT 2305 today and pointed out a variety of controversies associated with each Article. The extent of commander in chief powers is center stage right now as the President preps for an address detailing his plan for confronting ISIS.He claims he does not need congressional approval, but some are arguing that going to Congress makes it more likely that he will be able to build support for whatever actions he chooses to engage in, especially if those actions take time.
The staff of the Constitution Daily reminds us of the War Powers Resolution and the continuing impact it has. War making power has returned to the public agenda.
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In the past month, the debate over U.S. military intervention has focused on a statute and one direct part of the Constitution.
Article II of the Constitution spells out that “the President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states.” The statute in play is the Authorization for Use of Military Force against Iraq Resolution of 2002, also known as the AUMF of 2002. (The first AUMF was passed right after the 9/11 terrorist attacks.)
The AUMF of 2002 specifically says, “the President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq.”
According to media reports, President Obama met with a group of foreign policy experts on Monday night and explained his rationalization for expanding American military attacks in Iraq and extending them to ISIS forces based in Syria.
The Washington Post reports that Obama told the group of bipartisan policy experts that he doesn’t need congressional authorization to expand air strikes in Iraq and Syria. One expert told the Post that the Obama administration will argue that the President’s constitutional powers and the AUMF of 2002 together give him the “legal authority” to proceed.
Reports also indicated the administration expected its actions against ISIS to take several years since it wants to “degrade and destroy” its total operations. Secretary of State John Kerry also talked about an extended fight against ISIS when he arrived in Iraq on Wednesday morning.
Several members of Congress are calling for the President to formally ask for approval before expanding the attacks beyond the 60-day window required in the War Powers Resolution.
Two Senators, Tim Kaine and Rand Paul, have called for a vote, and at least one Senator, Mark Kirk, says a congressional vote would allow the deliberative body to go on record as supporting the funding of a potentially long struggle with ISIS.
“We really should have a vote, the process of a vote puts all congressmen and senators on record and it is the process of enlisting the American people in a long and expensive conflict,” Kirk said on Monday.
