The Mistaken Mr. Kennedy (Updated)

Imagine, if you will, that FDR had been required to get Congressional approval for the buildup of American forces in England that preceeded the Normandy invasion. Of course, Congress would have approved. But that’s not the point. The Iraq war isn’t World War II. But that isn’t the point, either.

Earlier today, Senator Kennedy announced that he was introducing legislation “to reclaim the rightful role of Congress and the people’s right to a full voice in the President’s plan to send more troops to Iraq.” His bill will say that “no additional troops can be sent and no additional dollars can be spent on such an escalation, unless and until Congress approves the President’s plan.”

Kennedy claims that the legislation he’s introducing is consistent with the Constitution:

My proposal is a straightforward exercise of the power granted to Congress by Article I, section 8 of the Constitution. There can be no doubt that the Constitution gives Congress the authority to decide whether to fund military action. And Congress can demand a justification from the President for such action before it appropriates the funds to carry it out.

While I’m not qualified to judge the constitutionality, or lack thereof, of Kennedy’s bill, I believe that his bill should be opposed, irrespective of one’s position on the Iraq war. The idea of having Congress micromanage this war — or any war — is enough to make me shiver. Should the bill become law, it would instantaneously raise the issue of where to draw the line: what presidential actions would require approval? Would the president be able, on his own, to increase an American force level by x percent, but not by y percent? Would there be certain mitigating circumstances that would trump the requirement for Congressional approval? If so, what would they be?

Kennedy’s proposal is an extraordinarily bad idea.

UPDATE: TalkLeft agrees:

WHETHER the United States enters war or CONTINUES at war is the exclusive decision of the Congress. But the CONDUCT of that specific war, subject to Congress power of military rulemaking (on torture, the UCMJ, the Geneva Conventions, etc.), belongs exclusively to the President.

The Congress’ power here seems clear to me. IT can END the Iraq war. But it can not dictate how it is conducted on military questions. That power belongs to the President.