Islamic State threat: Time to invoke War Powers Act, Hampton Roads delegation says

The threat from the Islamic State feels enough like a threat of war to trigger what the Constitution says is Congress' task: to decide if it should tell the president to send American troops in harm's way, say members of the Hampton Roads delegation on Capitol Hill.

President Barack Obama believes he doesn't need Congress to authorize the kind of military action he plans to launch against the Islamic State, sometimes called ISIS or ISIL.

But key members of the Hampton Roads delegation believe the effort needed will be too serious and will continue too long to go without Congress' approval.

They said the War Powers Act is clear on that point.

“When we're going to wage an offensive action to deal with a long-term threat, that's when Congress needs to act,” said Democratic Sen. Tim Kaine, one of Obama's earliest supporters in his first presidential campaign and a strong advocate for action against the Islamic State.

“I think it is the most weighty responsibility Congress has,” he said. “There are parts of the Constitution that seem a bit fuzzy, that are not clear and specific ... this is clear and specific.”

Earlier this week, Obama told leaders from the House and Senate that he had the authority he needs to take the actions he proposes against the Islamic State. On Sunday, he said it is time “to start going on some offense.”

But Rep. Scott Rigell, R-Virginia Beach, also says it is time for the president to ask Congress to approve military action.

“I don't see that as a sign of weakness, I see it as a sign of strength ... to know the American people have the ability to understand what needs to be done,” he said. “There is a need for clarity, there is a need for certainty, and that's what I'm looking for.”

Kaine and Rigell believe presidents have short-term power to act on their own when the risk to American lives is imminent. In Kaine's view, that was the case when Obama sent troops to Baghdad earlier this summer to protect the embassy and American citizens there.

But when the U.S. moved to stop an Islamic State thrust to seize a critically important dam in northern Iraq, that signaled the broader kind of military effort that requires War Powers Act authorization, Kaine said.

The 1973 War Powers Resolution says presidents must notify Congress within 48 hours of deploying military forces and says armed forces can't remain in combat for more than 90 days without Congress' approval.

“This is a long-term challenge,” said Rep. Rob Wittman, R-Westmoreland, “Congress has to be involved, that's the reason for the War Powers Act ... if Congress isn't involved then there is a chance of a disconnect of policy and the budgeting that Congress does.”

“This is a time when America needs to speak and act with a unified voice ... . Ignoring a terrorist threat aimed at America is not an option,” said Rep, Randy Forbes, adding that it was “truly unfortunate” that Obama did not develop a strategy to combat the Islamic State until after the deaths of two Americans, persecution of thousands of Christians and capture by the group of a large stretch of territory.

Rep. Robert C. “Bobby” Scott, D-Newport News, said Obama's plan was a “thoughtful but narrowly defined strategy to deal with this immediate threat, but added that any additional action should be taken only with the authorization of Congress.

“It is incumbent on Congress to review all the facts, debate the issue and decide whether or not to authorize any sustained military action,” he said.

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