I think we have to start by remembering what Bush has said about the Congress' power to end the war:
On congressional opposition:
WSJ: There's a lot of discussion in Congress about putting caps on troop levels or defunding or saying you can't deploy, as commander in chief, troops in Baghdad. Do you think Congress has the constitutional authority . . .
GWB: I think they have the authority to defund, use their funding power . . . [T]hey can say 'We won't fund.' That is a constitutional authority of Congress. . . .
I agree with President Bush on this. Congress can end the war through use of the Spending Power. This is not controversial. There appears to be agreement on this. There is a great divide on whether the Congress can impose managing conditions on the conduct of the war. For example, can the Congress tell the President how to deploy forces once it has authorized the use of force. For Democrats and the Congress, this is, at best, a debatable proposition.
I think it becomes clear then that the only practical ways for Congress to end the Iraq Debacle are (1) to repeal the Iraq AUMF or (2) to not not fund the Iraq Debacle. The first is difficult at best as it may require a veto-proof majority. The second merely requires that Congressional leadership stand firm and not propose bills that fund the Iraq Debacle.
But this need not be done immediately. Indeed, given the current politcs of the situation, it should not be done that way. My formulation remains as it was:
I ask for three things: First, announce NOW that the Democratic Congress will NOT fund the Iraq Debacle after a date certain. . . .; Second, spend the time to the "not funding date" reminding the President and the American People every day that Democrats will not fund the war past the date certain; Third, do NOT fund the Iraq Debacle PAST the date certain.
Is that what the House bill does? No, it does not. Instead of couching its withdrawal language in terms of appropriations, the House (and the Senate for that matter) used mandating language, in effect, trying to order the Commander in Chief to withdraw forces from Iraq. As I say above, this is at best, of questionable constitutionality. What is not questioned or questionable is the Congress' power to NOT fund the Iraq Debacle, thus ending it. Even Bush agrees with this.
My suggestion to the Democratic Congressional leadership is this: if you must, include your advisory conditions for funding with provisions for Presidential waivers, as the House bill does, but do NOT fund to August 31, 2008, when two months from an election, the Congress will certainly continue funding the war past the 2008 elections.
The March 31, 2008 nonbinding date contained in the Senate provision should become the announced date certain for NOT funding the Iraq Debacle. IF it is in the legislation so much the better. But that is of no legal effect. NOT funding the war can not be legislated. It can only be done.
And the INTENTION to NOT fund the war past the date certain is essential to a political strategy that will allow the Congress to do this. The American People must be forewarned of the date. They must internalize it. They must then internalize that if Bush does not withdraw troops past that date, then it is he who is abandoning the troops in harm's way - President Bush.
So what to do about the supplemental? Shorten the term of funding. Provide funds only through the end of this fiscal year, September 30, 2007. This is consistent in the short term with a proposal being floated by some conservative Dems:
Conservative Democrats also discussed alternatives for providing troop funding, if the standoff proves to be prolonged. For instance, Reps. Dennis Cardoza (Calif.) and Mike Ross (Ark.) suggested that the war funding be parceled out in three-month increments to force Bush to keep coming back for more.
But the intention of not funding past a date certain must accompany such a proposal. And that intention must be followed up on in determined fashion when the regular appropriations process for the Iraq Debacle begins again in June. The regular appropriations bill must contain funding ONLY through March 31, 2008.
Some will ask if this is only delaying the confrontation with Bush. In a manner of speaking there is a delay in the confrontation, but this approach will actually accelerate the end of the Debacle. It also has the significant advantages of allowing Democrats to fight the battle without pressure of having the prospect of the troops in the field being left in the lurch, allowing the Democrats to frame the battle, allowing for the continued buildup of political support for ending the Debacle, even allowing to see if the Escalation is "working."
This, to me, is the way for Democrats to end the Iraq Debacle AND win the political battle with the Republicans. Here is a way for Democrats to do the right thing in terms of policy - end the Iraq Debacle - and do the right thing politically.