Approving armed conflict

Thursday, July 10, 2008 | 2:06 a.m.

The U.S. Constitution gives Congress the power to declare war, something it has not done since World War II. Since then presidents, acting as commanders in chief, have prodded Congress into supporting the numerous armed conflicts that America has fought. Some of those conflicts, including the ongoing engagements in Iraq and Afghanistan, have lasted for years without an official declaration of war.

It is as though Congress has ceded its war powers to the executive branch.

The roles played by Congress and the president when it comes to war have become increasingly murky with time. The 1973 War Powers Act that was approved toward the end of the Vietnam War was intended to clarify the roles of the legislative and executive branches but has failed to do so.

A bipartisan group known as the National War Powers Commission, led by former Secretaries of State James Baker III and Warren Christopher, thinks it has the answer. Writing in Tuesday’s New York Times, they proposed that the president consult with Congress before ordering any combat expected to last more than a week, except in certain emergencies. If Congress did not approve the military action within 30 days, it could either pass a resolution of disapproval or quit spending money on the conflict.

While the commission’s proposal merits careful study, there is no guarantee that such a procedure would be followed if it became law. A president hellbent on engaging in armed conflict might still find ways to get Congress on the bandwagon without an official declaration of war.

Congress, for its part, should be more forceful. It should ask tough questions before approving any war funding. It cannot allow itself to simply be pushed around and prodded by the executive branch.

By giving Congress authority to declare war, the constitutional framers clearly intended for the lawmakers to play a key role in any armed conflict involving the United States. Congress should use the Baker-Christopher plan as a starting point for discussion, passing legislation that will restore war powers to itself that it gave up in 1973.