Recovering the War Power

I ran across this paper, Recovering the War Power, on how far we have strayed from the Framers' original design for and distribution of the war power. In today's atmosphere of party loyalty and political expediency, Congress has abdicated many of its constitutional war powers to the presidency and, as a result, the ability of the United States to conduct successful wars and secure lasting peace has suffered.

It is a 58 page paper, so read it when you have some time to devote to it, but here the Conclusion to whet your appetite:

The second Iraq War is a reminder of how much we have ignored the Framers’ concerns about the war power, the constitutional text, early judicial decisions, and such misguided military conflicts as the Korean and Vietnam Wars. The Framers valued deliberation, a republican form of government, and popular control. From their study of history, the Framers had good reason to distrust executive wars. We have more than good reason. We have the Framers’ understanding about political principles plus the experience of presidential wars that have been tragically misconceived and executed. Various administrations, Republican and Democratic, have lied their way into wars and displayed incompetence about the conduct of war. Once again an administration, this time in Iraq, has opted for military force without understanding its limits or its consequences. There is no possibility for spreading democracy abroad if there is no respect and understanding for it in the United States.

Congressional debate on the Iraq Resolution of October 2002 has eerie parallels to the Gulf of Tonkin Resolution of August 1964. Both resolutions transferred to the President the sole decision-making authority to go to war and determine its scope and duration. Both resolutions were based on false information. Both occurred in the middle of an election year: a presidential election in 1964 and congressional elections in 2002. Both Presidents––a Democrat in 1964 and a Republican in 2002––used military operations in an effort to enhance their party’s electoral chances. In each case, lawmakers chose to trust in the President rather than in themselves. Senator Chuck Hagel (R-Neb.) regards the Vietnam War as a national tragedy “partly because members of Congress failed their country, remained silent and lacked the courage to challenge the administrations in power until it was too late.” How many times does it take to learn the same lesson?