War Power

The Constitution gives the power to declare war to Congress, and the power to fund (or not fund) a war. Watts the best way for Congress to act given our current circumstances? John Edwards and most others have concentrated on withholding funds (or at least threatening to withhold funds), but I don't think that is the best solution for our troops, or for political reasons. Slate has an interesting article where they argue four ways Congress could stop the war, and the #1 way is tops on my list, too:

1. Unauthorize the war. Or reauthorize it.
In October 2002, Congress authorized the use of force in Iraq. It could repeal that resolution and pass another one saying no more war. Or it could reauthorize the use of force on a different and more limited basis. Sen. Robert Byrd argues for reauthorization. The idea is that the reasons we thought we were going to war—Saddam's supposed weapons of mass destruction and alleged operational relationship with al-Qaida—have nothing to do with the current conflict.

Two questions would follow from a de- or reauthorization of war resolution, as they would from any flexing of congressional war-power muscles. Would the president accept Congress' judgment, and which branch of government would the courts side with if he didn't? If Congress spoke clearly enough to repeal the authorization of force, it's hard to imagine the other branches wouldn't listen, no matter what the president's commander-in-chief powers are. As law professor Neil Kinkopf of Georgia State University writes, "When Congress, acting in the vast areas of overlapping power, tells the President 'no,' the President must comply."

the article ends:

"...presidential commander-in-chief powers appear to trump congressional war powers in large part because presidents say they do and lawmakers let them get away with that claim. Congress will only find out what it can do about Iraq by trying to do something."

C'mon Dems, do us a big favor and put the war power back where it belongs! In the long run that will save more lives and help our country more than anything we can do to/in Iraq/Iran. This is a great opportunity.