Congressional War Power and the Iraq "Surge": Can Congress Restrict the Number of Troops in Iraq?
To answer my own question - Yes. But not in the way that is being discussed today by Senator Kennedy:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Section 1. Prohibition on use of funds for escalation of United States forces in Iraq.
Notwithstanding any other provision of law, no Federal funds may be obligated or expended by the United States Government to increase the number of United States forces in Iraq above the level for such forces which existed as of January 1, 2007, without a specific authorization of Congress by law for such an increase.
Of course, as a practical matter, the President can and will veto any such legislation. But even if such a veto could be overridden, the law would be an unconstitutional violation of the separation of powers, impinging on the President's power as Commander in Chief in Wartime. In order to act in the manner Senator Kennedy wishes, the Congress must strip the President of the power the Congress granted him to wage war in Iraq. To wit, the Congress needs to "undeclare" the Iraq Debacle by repealing the Iraq War resolution. A new resolution can be approved authorizing the use of force in Iraq for a purpose the Congress wishes, but I believe Senator Kennedy is wrong when he says:
In October 2002, Members of Congress authorized a war against the regime of Saddam Hussein, not to send our troops into a civil war. I voted against that resolution and feel an escalation of this war only compounds the original mistake of going in the first place.
Congress authorization was broader than this:
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.(a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.
This blanket grant of war power to the President was a disgrace. But it was done. And now it must be undone. More.
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