Rand Paul may not fully recognize it, but he has outlined an important challenge to the selective outrage of his fellow Republicans when it comes to executive actions by American presidents.
In moving to force Congress to formally decide whether to declare war on the Islamic State militants that the United States is already fighting, the senator from Kentucky is highlighting the failure of Republican congressional leaders (or, for the most part, their Democratic counterparts) to take seriously what should always be the most concerning example of executive overreach. This is the executive action that troubled the founders above all others: warmaking by presidents in the absence of a declaration of war by the Congress.
“Conservatives are mad at (Obama) about immigration. And they’re mad about him using executive authority on Obamacare,” says Paul. “But this is another example where he doesn’t have much respect for Congress, and some conservatives don’t quite get that.”
Paul should acknowledge that warmaking without the authorization of Congress is not “another example” of executive authority being extended into troubling territory. It is, by far, the most significant example.
Paul should also acknowledge that the disrespect shown by presidents for Congress with regard to declarations of war did not begin with Obama. It extends back decades and has been evidenced by Republican and Democratic presidents.
Paul’s proposal to have Congress declare that “a state of war exists between the organization identifying itself as the Islamic State and the government and the people of the United States” is flawed on many levels. For instance, despite the senator’s protestations to the contrary, it opens too much space for the assignment of ground troops to a fight in a region where most Americans are exceptionally disinclined to engage in another full-scale war.
Yet what Paul is doing is important, in that he is challenging the “parlor game” wherein leaders of Congress “consult” with presidents and then allow them to wage war with anything akin to the congressional oversight required by the Constitution.