War Powers Resolution of 1973

Foreign policy has been a major point of contention between Congress and the President throughout US history. It represents a great challenge to the separation of powers defined by the Constitution. Recently this battle has intensified in the form of a legislative action proposed by Senators John McCain and Tim Kaine. In January of 2014, they announced legislation that would give Congress increased control over how the US uses the military in foreign conflicts. The proposed legislation would repeal the War Powers Resolution of 1973 and replace it with legislation gives Congress even more oversight over how the US uses its military in foreign engagements. This not only unnecessary, it is also a terrible idea. If passed it would severely compromise national security by limiting the President’s ability to respond quickly, effectively and in secret to emerging national security crises. It would also put these decisions in the hands of an ever increasingly dysfunctional and partisan Congress.

The US Constitution already divides power between the Executive and Legislative branches of government. Article II section 2 of the Constitution gives the President authority as commander-in-chief of the US Army and state militias when called into service. As commander-in-chief the President has the power to negotiate and sign treaties, to appoint foreign ambassadors and other ministers, and is allowed to consult with a hand selected group of advisors within the Executive branch on foreign policy issues. These powers are directly subject to Congressional oversight. Article I section 8 of the Constitution gives Congress the power to declare war, raise an army, appropriate funds for military action, ratify treaties, and to confirm Presidential ...

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... days. The bill would not extend to humanitarian or covert missions. McCain’s justification for making this change is that the US has not declared war since it did so against the Axis in WWII, illustrating that the nature of war has changed.

Unfortunately, this proposed change to the War Powers Resolution comes at a time when Congress has been increasingly ineffective and partisan. In 2013 Congress was only able to pass into law 55 bills. On average Congress passes 400 bills out of the 10,000 presented each year. That is under 10% of their annual average. With those result it appears that Congress can’t agree on anything. How can they expect to vote on giving the President the authority to deploy troops in defense of the nation within the allotted 30 days?

This deadlock on foreign policy has come to a head recently with the events unfolding in the Ukraine.