Can Congress End the War in Iraq?
"What Should Dems Do About Iraq?" is a question that the Media LOVES to ask. I like Charlie Rangel's retort:
“I never understand that question,” answered Charlie Rangel, the incoming chairman of the House Ways and Means Committee. “You have a President that’s in deep shit. He got us into the war, and all the reasons he gave have been proven invalid, and the whole electorate was so pissed off that they got rid of anyone they could have, and then they ask, ‘What is the Democrats’ solution?’”
but what about the question? And more importantly, what CAN a Democratic Congress do? Marty Lederman says:
How about Congress "getting him the message," Senator Reid, by actually requiring him to act? I fully realize that deciding which course of action we should take in Iraq, and when, are extremely difficult questions. It may be that coming to a consensus on particular statutory langauge would be very difficult under the circumstances. And there may not be a consensus, even among congressional Democrats, about many particulars of the ISG Report. But to the extent the Democrats can agree amongst themselves on at least some of the ISG recommendations, and/or on other proposals, they ought to put those directives in a bill, and have both Houses of Congress pass it.
But would that, assuming it could become law over a Presidential veto, be a de facto UNdeclaration of war? Could Congress tell the President that he must withdraw from Iraq? What this leads to is really the most basic argument - the power of the purse, argued here by Dennis Kucinich:
There is only one way in which the United States will withdraw from Iraq, prior to the end of President Bush's term: Congress must vote to cut off funds.
Kucinich argues:
History and the law give a clear guide on how to end the war in Iraq.In Campbell v. Clinton, a case in US District Court in 1999, twenty six members of Congress, including myself, sued President Clinton for continuing to prosecute the war against Serbia without a declaration of war. The Court ruled in favor of the Administration because it could find no constitutional impasse existed between the Legislative and the Executive branch requiring judicial intervention. Congress had appropriated funds for the war and therefore chose not to remove US forces.
Congress can debate and pass legislation for redeployment, phased redeployment, or an over the horizon presence. Congress can vote for a resolution to end the war and a resolution to bring the troops home. However, none of this will have any legal effect. Each appropriations approval was a vote to continue the Iraq war. . .
No funding of the DOD is the Kucinich proposal apparently. Let's fantasize for a moment and assumed that coukd possibly happen. Would that legally end the war? I don't see how. The President still commands the troops and he can not be told to bring them home can he? The Constitution, Article 1 Section 8, provides, in part:
The Congress shall have Power To . . . provide for the common Defence. . .
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 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 . .
I dunno. I don't see it. While the idea of President as King during wartime is ludicrous, President as Commander in Chief of the Armed Forces during wartime is what the Constitution says.
So what can a Democratic Congress do to end the Iraq War?
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