There is a move to redraft the War Powers Resolution of 1973, you know, the piece of legislation that is probably unconstitutional and no president has given a second thought to over the years since….

We, there was a committee that looked into modernizing it. At first, I thought the article might offer interesting reading regarding constitutional issues, but then I saw two names and just stopped reading.

Does anyone take these two seriously anymore?

Two former secretaries of state have declared the War Powers Resolution of 1973 obsolete and proposed a new system of closer consultation between the White House and Congress before American forces go into battle.

Their proposal would require the president to consult lawmakers before initiating combat lasting longer than a week except in rare cases requiring emergency action. Congress, for its part, would have 30 days to approve or disapprove of the military action.

The plan would create a new committee of congressional leaders and relevant committee chairmen, with a full-time staff with access to military and intelligence material. The president would be required to consult with the group in advance of any extended strike.

Secretaries of State Warren Christopher and James Baker III oversaw a year-long study of the longstanding tension over war powers between the executive and legislative branches. Read more….

The Constitution is very clear. The President is commander in chief. Anyone who thinks that means he can’t  use military force within reason, when he deems it necessary is a damned fool.

On the other hand, Congress does have the ability to declare war and it holds the power of the purse. It exercises both powers infrequently and ineffectively. September 11, 2001 would have been the perfect instance to declare war and rally the nation. Congress failed.

Congress wants to seem patriotic, but it also wants to be able to react to national displeasure to war. Unfortunately, true and wisely exercised power affords no such luxury.

The War Powers Act was an ill thought out reaction to Vietnam War and Congress’s really bad habit of supporting war and then changing its mind.

Bad legislation passed to make up for even worse politicians. Now we have two bad politicians ready to make it worse.

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