J. Brian Atwood
2008-04-30 07:00:00.0
Current rank: Not ranked

WASHINGTON -

In my opinion, the War Powers Resolution enacted in 1973 has failed to re-create balance in our system. I share the view of many legal scholars that the resolution’s design is contrary to the intent of the Constitution in that it concedes that presidents may initiate a war without prior congressional approval.

The resolution has produced perversions in internal executive branch decision-making; and in recent years it has been largely ignored. Furthermore, its consultations provision has been easily avoided because Congress has failed to organize itself in such a way as to make consultations unavoidable, secure and meaningful. …

 It is more important than ever that presidents seek the confidential advice and counsel of senior members of Congress, and that Congress establish for itself a capacity to ask tough questions behind closed doors even before a president has decided on an option. “What would we do if…?” and “What are the alternatives…?” are questions infrequently asked by Congress, but when they are, they invariably introduce new factors, both political and substantive, that the executive must consider. … Congress needs to institutionalize its capacity to provide advice and counsel and it should trust its most senior members to represent the interests of the entire body. If they succumb to the appeal of the executive, perhaps, just perhaps, they will be acting in the national interest. …

A well-crafted law that requires prior congressional authority before we go to war, except in specified emergencies, and an institutional arrangement that makes consultation unavoidable, secure and meaningful, will assure the participation of both branches of government in the most fateful decision we can make as a nation. …

hhh.umn.edu/news/headlines/headlines2008/warpowers.html