Weakening the Constitution to Go to War in Syria is a Terrible Idea

The Constitution is supposed to make it difficult for a President to take the U.S. to war. Why would Congress want to make it easier?

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Despite President Trump’s calls during the campaign to pull back from the Middle East and more recent statements that he’s ready pack up and go home from Syria “very soon,” he nonetheless ordered missile strikes in Syria, ostensibly in response to reports that Assad killed civilians with chemical weapons.

President Trump’s announcement that the United States, France and Britain had launched airstrikes against Syria in response to a chemical weapons attack might have surprised the people who listened to him campaigning in 2016, when he repeatedly critiqued “stupid” Middle Eastern interventions.

Since entering office, President Trump has reversed course on foreign policy, and he evidently now shares the assumption that America must do something in response to atrocities in Syria — a wholehearted embrace of the Washington bias toward action.

In this, President Trump and his predecessor have something in common: Both he and President Obama came into office promising to change America’s foreign policy, but when faced with crises, both yielded to pressure to intervene. This bias toward action is one of the biggest problems in American foreign policy. It produces poorly thought-out interventions and, sometimes, disastrous long-term consequences.

President Trump’s previous strikes in Syria garnered bipartisan praise from the Washington establishment, praise that the president craves. Yet military action in Syria will not benefit national interests, and may draw the U.S. further into a quagmire there is no easy route out of.

Two days after President Trump declared “Mission Accomplished” on the latest round of missile strikes against Syria, a bipartisan group of senators unveiled legislation intended to reassert Congress’s relevance to the wars we fight. But the new Authorization for the Use of Military Force, introduced by Bob Corker, the Senate Foreign Relations Committee Chairman, and the Democrat Tim Kaine, may end up doing the opposite.

Senator Kaine is right that, as he said in a speech about the bill, “for too long Congress has given presidents a blank check to wage war.” The 2001 authorization, passed three days after the Sept. 11 attacks and aimed at the perpetrators of those attacks, has done just that. Three presidents in a row have warped its limited authority into an enabling act for globe-spanning presidential war.

The Corker-Kaine resolution won’t bring an end to the Forever War; it will institutionalize it. Instead of ratifying war powers that three presidents in a row have seized illegally, Congress should repeal — and not replace — the 2001 legislation.

In authorizing the use of force against a list of terrorist organizations and their affiliates, the bill states that it “establishes rigorous congressional oversight,” “improves transparency” and ensures “regular congressional review and debate.” Such transparency requirements are an improvement over the status quo. But the bill also turns the constitutional warmaking process upside down.

Our Constitution was designed to make war difficult, requiring the assent of both houses and the president. The bill essentially changes that by merely requiring “regular congressional review” of presidential warmaking and requires reauthorization every four years; meanwhile, choosing new enemies, in new countries, is the president’s call, unless Congress can assemble a veto-proof majority to check him.

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The Forgotten Anniversary: September 14th, 2001

After 16 years of war, it’s time to reckon with the less-appreciated anniversary of September 14, 2001, when Congress gave the President a relatively open-ended power to make war…

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Over the last decade and a half, we’ve heard over and over again that “September 11th changed everything”—but maybe September 14 was the pivotal date

Sixteen years ago today, Congress passed the 2001 Authorization for the Use of Military Force (AUMF). Aimed at the perpetrators of the 9/11 attacks and those who “harbored” or “aided” them, the AUMF has been transformed into an enabling act for globe-spanning presidential war.  

Two-thirds of the House members who voted for the 2001 AUMF and three quarters of the Senate are no longer in Congress today. But judging by what they said at the time, the legislators who passed it didn’t think they were committing the US to an open-ended, multigenerational war; they thought they were targeting Al Qaeda and the Taliban.

Undeclared wars and drive-by bombing raids were hardly unknown before 9/11. But most of the military excursions of the post-Cold War era were geographically limited, temporary departures from a baseline of peace.

Barack Obama left office as the first two-term president in American history to have been at war every single day of his presidency. In his last year alone, U.S. forces dropped over 26,000 bombs on seven different countries. Seven months into his presidency, Donald Trump has almost certainly passed Obama’s 2016 tally already — all under the auspices of the AUMF.

The AUMF Congress passed in 2001 still serves as legal cover for current wars we fight in seven countries. War is now America’s default setting; peace, the dwindling exception to the rule.

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