Saturday, June 30, 2012

The Future of Congressional War Powers

If he is elected president, Mitt Romney will take an oath to “preserve, protect and defend” the Constitution. Yet he has proudly declared that he doesn’t believe in the Constitution—at least in the clear and unambiguous language that the right to declare war belongs to Congress. 
The former Massachusetts governor already has embraced discredited neoconservative nostrums about foreign policy. There apparently is no war in which he does not want to intervene, including Syria. He is particularly enthusiastic about the possibility of bombing Iran. 
Now he says he will not be bound by the Constitution. On CBS’s Face the Nation he declared: “I don't believe at this stage, therefore, if I'm president that we need to have a war powers approval or special authorization for military force. The president has that capacity now.” At least candidate Romney took a position this year. Back in 2008, he said “You sit down with your attorneys and [they] tell you what you have to do.” So much for reading the Constitution. 
Presidents often have used the military without legislative authority, but most such actions have been limited and many had colorable congressional backing. Despite modern presidents who claim the unilateral authority to bomb and invade other nations, many of America’s strongest chief executives recognized Congress’s authority. 

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