Kaine wants more say for Congress in War Powers Act
U.S. Sens. Tim Kaine and John McCain proposed Thursday that the War Powers Act be rewritten to give legislators a stronger say in deciding to send troops into armed conflict.
The legislation by the Virginia Democrat and the Arizona Republican stems from a growing frustration that the shifting nature of war has resulted in presidents too often sending troops into conflicts without giving Congress a chance to be heard.
Their measure focuses on the War Powers Resolution of 1973, a law meant to clarify provisions in the U.S. Constitution that give Congress the power to declare war but state that the president is the military's commander in chief.
The 1973 resolution requires the president to consult Congress before committing forces abroad, with some exceptions. The president can take action without legislative approval after an attack on the United States, its territories or its military, the law says.
Kaine said in a Senate floor speech that changing the War Powers Act is an "obsession" for him.
"If the President and Congress do not work together and find consensus in matters around war, we might be asking our men and women to fight and potentially give their lives without a clear political consensus and agreement behind the mission," he said.
McCain noted that only Congress has the power to declare war, though it hasn't done so since after Japan's 1941 attack on Pearl Harbor led the United States into World War II. But presidents have many times sent troops into combat without a formal declaration, he said.
Rather than standing armies facing off, McCain said, conflicts "will be murkier, harder to reconcile with the traditional notion of warfare. They may be more limited in their objective, their scope and their duration."
Among the changes the senators proposed: establishing a permanent congressional committee to consult with the president when considering military action; requiring a congressional vote within 30 days of a president engaging U.S. forces, in order to ensure a public debate; and requiring the president to consult with Congress before engaging in a combat operation expected to last more than seven days.
Their proposal is based on the work of the National War Powers Commission empaneled by the University of Virginia's Miller Center.
In recent years, some in Congress, including U.S. Rep. Scott Rigell, have questioned whether President Barack Obama overstepped his authority when involving the military.
Last summer, as Obama was considering military action against Syria's government, Rigell organized a protest letter signed by more than 100 House members urging the president to seek congressional approval. The Virginia Beach Republican also objected when Obama ordered U.S. airstrikes against Libyan government troops in 2011 without consulting Congress.
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