http://www.thenation.com/docprint.mhtml?i=20070205&s=ritterExcerpt: The closing paragraphs
Democrats in Congress have the opportunity to nip this looming disaster in the bud.The fact that most of the Democratic members of Congress who enjoy tenure voted in favor of the resolutions giving the President such sweeping authority is moot. Democrats are all capable of pleading that they were acting under the influence of a Republican-controlled body and unable to adequately ascertain through effective oversight the genuine state of affairs. This is no longer the case. The Democrats in Congress are in firm control of their own destiny, and with it the destiny of America. A war with Iran will pale in comparison with the current conflict in Iraq. And if there is a war with Iran, this Congress will be held fully accountable.
Democrats should seek immediate legislative injunctions to nullify the War Powers' authority granted to the President in September 2001 and October 2002 when it comes to Iran.Congress should pass a joint resolution requiring the President to fully consult with Congress about any national security threat that may be posed to the United States from Iran and demand that no military action be initiated by the United States against Iran without a full, constitutionally mandated declaration of war. Those who embrace the notion of a unitary executive will scoff at the concept of a Congressional declaration of war. They hold that the power to make war is not an enumerated power per se. While statutory authorization (i.e., a formal declaration of war) is enumerated in the Constitution, the reality (as reflected by the current War Powers Act) is that the powers of bringing America to a state of war are not so much separated as they are linked and sequenced, with Congress exercising its control over budgetary appropriations and the President through command.
There may well be merit to this line of argument. But one thing is perfectly clear: Only Congress holds the power of the purse.
While a President may commit American forces to combat without the consent of Congress (for periods of up to 180 days), he cannot spend money that has not been appropriated. There is, in the passing of any budget, inherent authority given to the President when it comes to national defense. However, Congress can, if it wants to, put specific restrictions on the President's ability to use the people's money. A recent example occurred in 1982, when Congress passed the Boland Amendment to restrict funding for executive-sponsored actions, covert and overt, in Nicaragua. While it is in the process of getting a handle on America's policy vis-à-vis Iran, Congress would do well to pass a resolution that serves as a new Boland Amendment for Iran. Such an amendment could read like this:
An amendment to prohibit offensive military operations, covert or overt, being commenced by the United States of America against the Islamic Republic of Iran, without the expressed consent of the Congress of the United States. This amendment reserves the right of the President, commensurate with the War Powers Act, to carry out actions appropriate for the defense of the United States if attacked by Iran. However, any funds currently appropriated by Congress for use in support of ongoing operations by the United States Armed Forces are hereby prohibited from being allocated for any pre-emptive military action, whether overt or covert in nature, without the expressed prior consent by the Congress of the United States of America.However it is worded, the impact of such an amendment would be immediate and could forestall any military moves planned by the Bush Administration against Iran until Congress can fully familiarize itself with the true nature of any threat posed to the United States. President Bush seems to be hellbent on making war with Iran. The passage of time is, in effect, the enemy of his Administration's goals and objectives. By buying the time required to fully study the issues pertaining to Iran, and by forestalling the possibility of immediate pre-emptive action through budgetary restrictions, Congress may very well spare America, and the world, another tragedy like Iraq. If a Democrat-controlled Congress fails to take action, and America finds itself embroiled in yet another Middle East military misadventure, there will be a reckoning at the polls in 2008. It will not bode well for the Democrats currently in power, or those seeking power in the future.