The Loophole America Has Been Waiting For?

A Senate resolution to revoke the president’s ability to wage war in Iraq is currently in the works. Senators Carl Levin (D-Michigan) and Joseph Biden (D-Delaware) are working towards drafting a revised version of the 2002 resolution that gave President Bush the authorization to wage war in Iraq. The draft resolution will call for the removal of all US troops from Iraq by March 2008, with a select few being left behind to assist Iraqi forces in counterterrorism measures. Whether or not the resolution will have the number of votes to pass the Senate and House remains to be seen. But this is by far the most aggressive piece of legislation that has been discussed in Congress to date.

Last week the House failed in passing a non-binding resolution that condemned the surge of 21,500 more troops to Iraq, which is a strong signal that Democrats do not have the necessary votes to pass the new potential restrictions on the president. The revised resolution will be presented to the Democratic caucus and some Republicans on Tuesday and then the “politicking” for votes will begin. Even if enough votes are garnered to enact the resolution, there still remains the question of whether the resolution will interfere with the president’s constitutional commander-in-chief powers. Like many presidents before him, Bush has always been protective of his war making power.

Constitutional scholars will be debating the issue for weeks to come, but I believe that the issue is cut and dry. The president will contend that Congress never declared war on Iraq in March 2003, which they did not. Instead the original resolution granted the president the authority to dispatch troops to Iraq in order to halt Saddam Hussein’s production of weapons of mass destruction (WMD) and other assorted issues that deal with terror. The original pretext of the resolution was debunked when no WMDs were located, which in theory deflates our whole reason for being there. Yes, the president can command the troops, but if his basis for commanding the troops is revoked, he should in theory not be able to continue to run his personal war.