Today’s top opinion: War powers
The Constitution invests Congress with the power to declare war. It also says the president serves as commander in chief. Crucial debates at the nation’s founding focused on the military. Americans at the time were leery of standing armies, an attitude suggested by the Third Amendment, which restricts the quartering of troops in private homes. The Second Amendment, which protects the right to bear arms, cites the role of militias in defending the security of the state.
The president’s position as commander in chief recognizes the value of centralized command. George Washington held the militias in contempt and during the Revolution struggled to assemble a professional army. The individual Colonies did not voluntarily pull their weight.
In a Thursday speech to the Senate, Sen. Tim Kaine, D-Va., noted that while Congress formally has declared war five times, presidents have initiated military intervention more than 100 times. In other instances Congress has authorized the use of force while stopping short of declaring war. The comments came during remarks announcing a joint effort by Kaine and Sen. John McCain, R-Ariz., to reform the War Powers Resolution. This year marks the 40th anniversary of the original resolution, whose enactment was a consequence of contentions related to the Vietnam War and to complementary concerns related to executive authority.
The 1973 resolution did not settle the debate. President Richard Nixon vetoed it; Congress overrode his veto. Subsequent presidents have treated it as an annoyance, not something to be taken seriously. After 9/11, the U.S. invaded Afghanistan and Iraq. Were the authorizations for those conflicts meant to last forever? President Barack Obama did not seek congressional authorization for his intervention in Libya’s civil war. The House of Representatives rebuked Obama for his unilateralism, but no one noticed or cared. Kaine and McCain want to add clarity to the process.
Their campaign takes its inspiration from the National War Powers Commission, a 2007 project of the Miller Center at the University of Virginia. On Thursday, Kaine explained that the “commission issued a unanimous report to the president and Congress, urging the repeal of the War Powers Resolution and its replacement by a new provision designed to promote transparent dialogue and decision-making. The commission even proposed a draft statue, preserving the constitutional powers of each branch while establishing a straightforward consultative process to reach decisions in a way that would gain support from the American people.” Congress held hearings on the report in 2008, but the time did not appear right for addressing an issue as substantive as this.
The time has come, Kaine believes, and we agree. The age of direct wars between superpowers may have vanished (at least for the time being), but the age of so-called asymmetrical wars has supplanted it. The end of the Cold War has increased America’s exposure to potential conflict. Engagements can be as large as the wars in Afghanistan and Iraq or as small as sending units of special forces to countries beset by internal violence. These deployments need to be debated in the open.
Kaine is on to something. His alliance with McCain reflects the seriousness of his endeavor. The Arizona senator remains Congress’ pre-eminent authority on national security. The Times-Dispatch endorses Kaine’s call and will continue to devote attention to it.
###