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http://fpif.o rg/syria-exactly-co nstitutio n-says-use-fo rce/

Syria and What Exactly the Constitution Says About the Use of Force
By Christo pher Bo lan , September 30, 2013 .

Co urte s y Wikime d ia Co mmo ns

President Obama has been criticized f rom both the lef t and right f or his handling of the ongoing civil war in Syria. One of the most curious critiques, however, has to do with his decision to seek Congressional approval f or a military strike against regime targets in Syria. Even several of his senior advisors were reportedly surprised by his decision and were opposed to seeking Congressional approval. Since then many other prominent f oreign policy practitioners have publicly endorsed this critique denouncing President Obamas appeal to Congress. Former Def ense Secretary Panetta just last week said he too would have advised against doing so observing that this Congress has a hard time agreeing as to what the time of day is. Richard Haass, the President of the Council on Foreign Relations who served in senior f oreign policy positions in previous administrations, characterized seeking Congressional approval as inept as asking Putin to save him f rom having to send in the cruises [missiles]. Several others have expressed concern that doing so will establish a historical precedent that will restrict f uture presidents in their ability to undertake military action overseas. T hese f ormer of f icials may certainly be correct in highlighting the dif f iculties and complications that are likely to result f rom the Presidents decision to seek f ormal Congressional approval. Indeed presidents have ordered U.S. military actions in Korea, Vietnam, Af ghanistan, Iraq, and Libya all without a f ormal declaration of war f rom Congress.

Nonetheless, even as the U.S. Constitution recognizes the president as Commander-in-Chief of the armed f orces, it is worth recalling that the Constitution also gives Congress broad-ranging authorities related to the military including the power To raise and support ArmiesTo make Rules f or the Government and Regulation of the land and naval Forces[and] to declare War. Nonetheless, presidents have largely ignored the constitutional requirement f or Congress to f ormally declare war in advance of deploying American military f orces. However, in the wake of the Vietnam War, Congress sought to reassert its authorities in this regard by passing the War Powers Act of 1973. T his legislation imposed several limitations on the Presidents authorities to take the country to war absent Congressional approval. In particular, this law notes that the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities.are exercised only pursuant to (1) a declaration of war, (2) specif ic statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed f orces (my emphasis). None of these three conditions have yet been satisf ied in the case of Syria. Consequently, it is entirely consistent with this later view of the wisdom inherent in the balance of powers struck within the Constitution that President Obama sought Congressional authorization bef ore initiating an unprovoked military attack against Syrian regime f orces. It is disturbing that so many critics of the Presidents decision ignore the larger implications of their recommendation that the President simply ignore Congress because it is inconvenient, may signal internal division, or could hamstring the ability of f uture presidents to commit the countrys blood and treasure to military adventures overseas. T he U.S. Armed Forces are committed on behalf of the American people to secure and def end the countrys national interests. Consequently, it is the peoples elected representatives in Congress who should properly have a say in these lif e-and-death commitments on behalf of the country. Failure to seek Congressional backing in the absence of an immediate and direct threat suggests that the U.S. military is a tool at the disposal of an imperial presidency rather than a national instrument of power deployed on behalf of the country itself . Recognizing this important constitutional principle, both President H.W. Bush (41) and President G.W. Bush (43) sought and secured Congressional authorizations f or the use of military f orce in the af termath of Iraqs 1990 invasion of Kuwait and the 9/11 terrorist attacks by Al-Qaida. Although not f ormal declarations of war, these statements of Congressional support strengthened the political position of the country both domestically and internationally. President Obama should adhere to these examples bef ore resorting to military attacks in the absence of a clear and urgent threat to American interests. While the outcome of an appeal to Congress cannot be guaranteed in advance, doing so ref lects a solid commitment to the American values enshrined in our Constitution and would serve as a powerf ul example to so many people in the Middle East and elsewhere who now are struggling to build representative governments of their own. Christopher J. Bolan, Ph.D., Col. (R), U.S. Army, is a Professor of National Security Studies at the U.S. Army War College. The views expressed are his own and do not necessarily reflect the positions of the U.S. government.