The Empire 336

'A Government of People, After All

By David Michael Green

18/07/08 "ICH" - --

So, did you hear about the latest bipartisan commission report?Bet you can’t guess who’s on the thing! James Baker? Check. Warren Christopher? Check. Lee Hamilton? Check. Ed Meese? Check. Brent Scowcroft? Check.(What, no Henry Kissinger? Guess he was busy fighting war crime extraditions.)These guys should just go get a room and get it over with, already, eh? Anytime anyone in government needs some mind-numbingly anodyne cover story for the latest word in power consolidation, they bring in this crew – The Center-Right Dinosaur Club. Six words out of Warren Christopher’s mouth alone is guaranteed to render comatose any formerly sentient being. The guy is a human anesthesia.They did Iraq. They buried 9/11, leaving the Bush administration not only completely unscathed, but completely off the record as well. Explain to me again, wouldya, why the president would only testify with Dickie holding his hand, and not under oath?In the wake of the imperial establishment’s utter humbling in Mesopotamia, the latest commission project concerns the sticky old question of national war powers: Who’s got ‘em, who doesn’t, and how to deal with that in a supposed to democracy. (Hint: The short version is this: The president does whatever he wants to, and all you other people should go sit in the corner and just shut up.)This is nothing new. The Founders grappled with it in the same fashion they did most everything else. Their goal was to create a government with just enough power to govern effectively, and no more. So they split powers up as often as they could, and this case is no exception. Congress got the power to declare war and the president got to be commander-in-chief of the military. Not bad, except nobody bothers to declare war anymore. That concept sorta went out with the horse and buggy.After the lengthy but undeclared war in Vietnam, Congress realized it was holding the short end of a very long stick, and attempted to reel in the imperial presidency’s war-making powers with the War Powers Resolution of 1973. Nixon vetoed the thing, and Congress then mustered a rare and difficult veto override to make it into the law of the land. Well, kinda. You see, the problem is that every president since that time, Democratic or Republican, has rejected as unconstitutional its central provisions requiring the president to withdraw deployed forces within 60 days (90 days maximum), unless authorization for their continued presence has been obtained from Congress.How can we ever know who is right – those presidents or Congress? To find out, it would require the rather unique situation of a president continuing to pursue a war in defiance of Congressional opposition. Sound familiar? Oh yeah, I guess I forgot one other necessary factor. In such a situation you’d also have to have a Congress with the stones to do something about such an imperious president and his unpopular war. They’d have to at least have the courage to bring a challenge in the federal courts, whereupon the constitutionality of the War Powers Act would then finally be resolved, one way or another. Call me crazy, but somehow I don’t see this as being on Nancy Pelosi’s or Harry Reid’s agenda.So, now, along comes this Baker-Christopher Commission to recommend legislative changes, supposedly to avoid another Iraq fiasco. They propose to repeal the War Powers Act (which they describe as unconstitutional) and replace it with “The War Powers Consultation Act of 2009", which would require the president to “consult” with Congress prior to deploying troops into a “significant armed conflict” (generally, combat operations likely to last more than a week), and would create a new Joint Congressional Consultation Committee comprised of leaders from both houses, and a permanent bipartisan staff with access to national security intelligence. The proposed legislation also calls on Congress to vote yes or no on ‘significant conflicts’ within 30 days. If such a resolution fails, Congress may then legislate against the war, which legislation the president may veto, and Congress may override. Or it may take other actions, such as defunding the war.'

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