http://www.slate.com/id/2157392/nav/tap1/Four Ways To Stop the War
What Congress could do—if it dared.
By Emily Bazelon
Posted Wednesday, Jan. 10, 2007
Congress is sticking to gestures in expressing its dissatisfaction with the Iraq War. The new Democratic leadership isn't trying to stop President Bush's planned troop increase. Instead, they're just planning a resolution to express disapproval of it, a measure whose only practical impact will be forcing Republicans to take sides on the issue.
But what if Congress were to actually exercise its war powers? The Constitution gives Congress the power to declare war and also to decide when to fund and how to regulate the military. But generations of presidents have succeeded in expanding their authority as commander in chief at Congress' expense—and with its permission, tacit or otherwise. If Congress wanted to push back in Iraq, here's a list of possibilities for what it could do, from cleanest to messiest, legally speaking:
1. Unauthorize the war. Or reauthorize it.
In October 2002, Congress authorized the use of force in Iraq. It could repeal that resolution and pass another one saying no more war. Or it could reauthorize the use of force on a different and more limited basis. Sen. Robert Byrd argues for reauthorization. The idea is that the reasons we thought we were going to war—Saddam's supposed weapons of mass destruction and alleged operational relationship with al-Qaida—have nothing to do with the current conflict.
Two questions would follow from a de- or reauthorization of war resolution, as they would from any flexing of congressional war-power muscles. Would the president accept Congress' judgment, and which branch of government would the courts side with if he didn't? If Congress spoke clearly enough to repeal the authorization of force, it's hard to imagine the other branches wouldn't listen, no matter what the president's commander-in-chief powers are. As law professor Neil Kinkopf of Georgia State University writes, "When Congress, acting in the vast areas of overlapping power, tells the President 'no,' the President must comply." Harold Koh, dean of Yale Law School, makes a more aggressive argument about the lack of continuing relevance of the 2002 authorization of force.
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Much more on how to cut the purse strings as well.
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Imagine. Saying NO to Bush. Imagine all those "I would have never voted for this war if I knew what I know now" putting their butts on the line and not just the easy talk.
Imagine. War is over if you want it. If you really want it. Hardly easy but I didn't even imagine such an option was there. But it is.