Curbing the Distress of War: An Outline for a War Powers Resolution That Works

Abstract

A hallmark of the Bush Administration has been its clear and insistent claim that is for the President to decide if, when, and how arms are to be used as an instrument of policy. This new presidentialism debuted Christmas of 1989, when President George Bush launched Operation Just Cause against Manuel Noriega of Panama. In the hours preceding the Panamanian expedition, the President did not consult Congress in every possible instance as was required by the War Powers Act. Rather, on the day after the invasion, President Bush dispatched a letter to the Senate allowing that he was providing [his] order to inform Congress so that he might be consistent the War Powers The reference to the War Powers Resolution was hardly more than an institutional courtesy to the legislature, for, as Mr. Bush explained, he had committed forces pursuant to his constitutional authority with respect to the conduct of foreign relations and as Commander and Chief. In Operation Desert Shield, the President dispatched an immense battle group, over 230,000 troops, to Saudi Arabia while Congress was its summer recess. Despite the requirement of the War Powers Resolution that the President report writing within 48 hours commitment of U.S. forces or any substantial enlargement of forces, President Bush waited for six days to notify Congress. Mr. Bush sent his report to congressional leaders only after the first American deployments actually landed. But, as the case of Panama, the President announced once again that was his desire that Congress be fully informed, and that his letter demonstrated that U.S. policy was being conducted a fashion consistent with the War Powers Resolution. The core provision of the War Powers Act-a 90-day time limit on the deployment, if U.S. troops were danger of seeing imminent combat -was neatly finessed. Operation Desert Shield did not bode any real danger for U.S. troops, President Bush contended, since military action was not any way anticipated. To the contrary, Mr. Bush stated, it