War by Committee, or Commander

“War by committee” is not just a figure of speech. The Continental Congress managed the Revolutionary War literally by committee, and by all accounts made a sufficient hash of it that when the Constitution was crafted in the Revolution’s wake, the new presidency was invested with the power of waging war.

But Congress was also constitutionally empowered in matters of national defense, to authorize and fund war. So, Congressional anti-warriors looking to withdraw from Iraq could move to either repeal their authorization of the war or de-fund the mission. Congressional attempts to determine troop levels or areas of operation, and even to specify which of their enemies the troops are allowed fighting, would seem to be pushing things constitutionally, and, in any event, would draw a presidential veto.

If Congress were to rescind its Iraq Resolution of 2002, the motion would assuredly be vetoed upon arrival at the White House. Congress could override a presidential veto with a vote of at least two-thirds in both the House and Senate, but the Congressional anti-war bloc is still far from that two-thirds threshold in either chamber.

And the de-funding option presents Congress with a Catch-22. Failing to undo its authorization of the war but halting payment for the on-going operations would place Congress in the position of leaving troops in the field but denying them the wherewithal to fight or even defend themselves. The number of Congressmen prepared to cast such a vote at present does not amount to 51 percent.

Plus which, for all the popular discontent over the war, support for simply de-funding it is in the single digits, according to an April 13 CBS News poll: 9 percent.

Congressional antagonism toward war efforts and war-time presidents is practically as old as the institutions themselves. As the president is commander-in-chief, and as the presidency and Congress are so often held by different parties, Congress can easily wind up as the anti-war branch of the U.S. government.

Only eight years ago, President Clinton launched the Kosovo War with NATO, but without Congress. Twice, a declaration of war resolution was rejected by Congress, as was even an authorization for the on-going air campaign. 26 Congressmen challenged the president’s war in court as unconstitutional for lacking Congressional authority. Nonetheless, Congress actually over-funded the war appropriation and authorized the use of U.S. troops for the post-war occupation.

The Vietnam War was a constitutional chess match between the legislative and executive branches. President Kennedy began the American intervention without Congressional authorization. The operation became full-scale war under President Johnson when he orchestrated Congressional approval for the escalation, which Congress revoked seven years later.

During the Nixon Presidency, Congress invoked its power of the purse to de-fund “combat operations” in the region, although by that stage the American military effort had effectively ended. Of more practical consequence was Congress’ de-funding of the native resistance in South Vietnam and Cambodia, which assured Communist victories and the exodus, abuse, and slaughter of literally millions who had opposed the Communists, or were deemed anti-Communist, in those countries.

The president exploited his power of shifting Congressional defense allocations, to fund operations in Cambodia and Laos which Congress had not provided for, and Congress exploited its power of ratifying treaties, to void agreements the President had negotiated with North Vietnam.

Two decades earlier, President Truman went to war in Korea citing a United Nations resolution and bypassing the Congress. In the 1950 midterm elections only months later, the president’s party lost 52 seats in the House and eight in the Senate. Divisions in the new Congress precluded a concerted legislative challenge to the war, though there was rancorous rhetoric enough. And when the great Gen. Douglass MacArthur gave his immortal Farewell Address after rebelling against Truman so flagrantly that the president was compelled to dismiss him, it was to a rapturous U.S. Congress.

President Wilson had campaigned in 1916 on keeping America out of the First World War, only to lead the nation into the war and institute a draft the following year, and a scant six days before the Great War ended in November 1918, the President’s party went from majority to minority in both the House and Senate, the latter having the Constitutional responsibility for ratifying treaties. So when the post-war Versailles Treaty -- which was very largely the doing of President Wilson and which included American membership in the League of Nations -- came before the hostile U.S. Senate, it was rejected. Twice.

And that is to say nothing of the constitutional confrontations over war before the 20th Century.

With the return to a Congress and presidency divided by party after last year’s midterms, Capitol Hill and the White House have assumed their accustomed adversarial roles, though there are some more novel twists this time around, like the House Speaker arrogating an executive diplomatic role in the Mideast. The balance can always tilt, and politics never stands still, but realistically, Congress today has little chance of reversing the Iraq policy in this latest showdown between the legislative and executive.

Andrew W. Smith / Andrew Smith, Tulsa, Oklahoma and Cape Sable Island, Nova Scotia
Published in The Chronicle-Herald, Halifax, Nova Scotia