Talk Radio News Service: News, Politics, Media

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Today the National War Powers Commission, co-chaired by former Secretaries of State James Baker and Warren Christopher, recommended to Congress a new relationship between Congress and the President in a time of armed conflict which has not been declared war. In his prepared statement, Christopher said that the approach they proposed would create a bipartisan Joint Congressional Consultation Committee, a body that the president would be required to consult with before deploying U.S. troops to any significant armed conflict, defined as “combat operations lasting or expected to last more than a week”. Christopher continued that if secrecy was important in the success of the operation, then the president must consult with the committee three days after the start of the combat. Within 30 days of the armed conflict beginning Congress must vote on whether or not to approve the conflict.

The proposed plan would replace the War Powers Resolution of 1973. Baker said that one of the biggest faults with the resolution is that “most legal experts consider it unconstitutional”, but went on to remind the body that the Supreme Court has not ruled on it. The 1973 resolution was brought about in response to the Vietnam War, which the president deployed military forces without a formal declaration of war. The proposed statute would improve upon the ’73 resolution in tempering the power of the president in armed conflicts lacking the formal classification of ‘war’, and as Baker said, “would promote meaningful discussion between the president and Congress when America’s sons and daughters are to be sent into harm’s way.”