President Obama prepares to board Air Force 1. (AP Photo)
Civil libertarians, human rights advocates and peace advocates should insist on a renewed congressional assertion of its power under the Constitution, Article 1, Section 8, to take part in declaring war. Among the many reasons for this reassertion is that social movements typically have greater influence over elected congressional representatives than over the more remote and secretive executive branch.
Historically, American presidents have “encroached on Congress’s war making responsibilities, leaving the legislative branch increasingly irrelevent,” according to an analysis by Bennett Ramberg, a former State Department analyst in the first Bush administration.
Recent hearings by the Senate Intelligence Committee on CIA director John Brennan’s authority and the House Judiciary Committee into drones are at least momentary signs that Congress may be ready to reclaim some of its powers. Statements by President Obama literally asking Congress to write “new legal architecture” to “rein in” his presidency and those of his successors, are clear indications that the growth of an Imperial Presidency may be limited. The bipartisan vote of nearly 300 House members against the administration’s launching of the six-month 2011 Libyan war is the most concrete example of legislative unease.
As Congress considers its options, it is crucial that the public be included in a rightful role. The public sends its sons and daughters to risk their lives in war, pays the taxes that fund those wars and accepts the burden of debt, the paring back of social programs and restrictions on civil liberties in the name of war. The public has a right to know, obtained through public debate and public elections, the rationale, the costs and the predicted outcomes of any military venture. James Madison, cited by Ramberg, gave the reason centuries ago: “Those who are to conduct a war cannot in the nature of things be proper or safe judges, whether a war ought to be commenced, continued or concluded.”
Section 4(b) of the War Powers Resolution mandates that “the President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.” Yet only insistent congressional pressure has forced the Obama administration to disclose some of its internal legal memoranda concerning drones, apparently in exchange for senate approval of Brennan’s nomination. It continues to resist the spirit of Section 4(b).