Walt Rubel Commentary: No new wars without Congress

Where is the Congress?

This past weekend the United States conducted a successful strike against Iranian nuclear weapons facilities, including the first use of our so-called bunker-buster.

The point of this column is not to debate the wisdom of that decision. Although, I would note that the opening days of the Iraq War were also quite successful. The once-feared Republican Guard rolled over as soon we rolled in, lining up to exchange their weapons for white flags. President Bush delivered a victory speech aboard a battleship, wearing a flight suit and standing beneath a “Mission  Accomplished” banner.

Sadly, we had no idea what we were getting into. 

Wars, especially those in the Middle East, tend to be much easier to start than they are to finish. Which is why Congress acted in 1973, with the Vietnam War still raging, to ensure that our nation does not go to war based on the potentially capricious whims of one leader.

The War Powers Act requires the president to notify Congress within 48 hours of committing armed forces to military action, and limits that use to 60 days without an Authorization for the Use of Military Force issued by Congress.

News reports are that the president only notified Republican leaders in Congress about the strikes last week.

Our founders made the president commander in chief, but gave Congress the power to declare war and to raise and support the Army and Navy. Matters of war and peace were intended to be collaborative decisions, with the executive and legislative branches working together in defense of the nation.

Congress has traditionally rallied around the president in times of national emergencies. One week after the attacks of Sept. 11, Congress authorized an expansive use of military force.

That bill included all those who, “planned, authorized, committed or aided,” the attack and those who “harbored said persons or groups.”

That opened the door to subsequent wars in Afghanistan and Iraq, leading many members of Congress to later regret their vote. Rep. Barbara Lee of California was the only member of the House to vote “no” on the bill.

The authorization has never been rescinded. The wars in Afghanistan and Iraq are over, but the action by Congress that started them is still in effect.

Sen. Tim Kaine has introduced legislation that would give Congress the sole power to declare war. His bill would have required a declaration of war against Iran before strikes like the ones last weekend.

That may go too far in tying a president’s hands, especially given the inability of Congress to act swiftly and decisively. But it should be the starting point in a necessary debate.

The decision to go to war can never be partisan. It must always include debate from leaders in both parties. Military members called to action risk their lives in service to our nation, not in service to the Republican or Democratic parties. 

But, this isn’t about the current president. No one person should hold the awesome power of the United States military in their hands without some form of review and oversight.

Responsibility always comes with its prudish twin, accountability. Which is why Congress is so skittish. It’s a lot easier to complain about budget deficits.

Too bad. They have a role here, like it or not.


Walter Rubel can be reached at [email protected]

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