11 February 2002
Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=02021101.tlt&t=/products/washfile/newsitem.shtml


US Department of State
International Information Programs

Washington File
_________________________________

11 February 2002

Senator Feingold on War Powers and the War on Terrorism

(Op-ed column from The Washington Times on Monday, 02/11/02) (680)

(This byliner by Russell Feingold, United States Senator, first
appeared in the Washington Times February 11 and is in the public
domain. No republication restrictions.)

War Powers and the War on Terrorism
Russell Feingold

President Bush used strong rhetoric in his State of the Union address
last month to describe our fight against terrorism. But to back that
rhetoric with constitutional might, the president must also honor the
terms of the War Powers Resolution, which requires the president to do
more than outline his global military objectives with tough-talking
generalities.

In his State of the Union speech, Mr. Bush raised the ante against
Iran, Iraq and North Korea. Some in the Bush administration have
suggested that the military campaign may also one day expand to
Somalia, or that we may need to move beyond military training in the
Philippines. Given the global reach of the terrorism threat, our armed
forces may indeed need to broaden their theater of operations. But
under our Constitution and the War Powers Resolution, the president
and Congress must first agree on any such expanded military
engagements.

The president has already shown respect for the War Powers Resolution
by asking for the consent of Congress before ordering U.S. military
troops into Afghanistan, a constitutionally mandated step that his
most recent predecessors ignored. The Joint Resolution adopted by
Congress and signed into law by the president last year provides the
president with statutory authorization to use all necessary and
appropriate force against those responsible for the September 11
atrocities. This includes authority to prevent future attacks by
responding with force against any nations, organizations or persons
responsible for planning, authorizing, aiding or harboring the
terrorists who were responsible.

But to preserve our constitutional framework and the popular resolve
that has lent so much to our success to date, the president should
acknowledge that the authorization does not give him a blank check. As
laudable as it might be for the U.S. to root out all bad actors around
the globe, such action is outside the scope of the use-of-force
resolution that Congress passed, and beyond our financial means.

The War Powers Resolution recognizes the shared constitutional
responsibilities of both the president and the Congress to make
critical decisions concerning our military commitments. The Resolution
calls for more than a one-time authorization from Congress. By
recognizing Congress as custodian of the authority to send our troops
into battle, the War Powers Resolution demands regular -- and
meaningful -- consultations between the two branches of government to
sustain or expand our military engagements.

In dividing war powers authority, the Framers of our Constitution
recognized that national unity of purpose would be essential to any
war effort, and that our national unity could be strengthened by
dispersing authority between the two democratic branches of
government. The separation of powers in this area forces us to develop
a broad national consensus before placing Americans in harm's way.

And the effectiveness to date of our military campaign in Afghanistan
demonstrates that our nation and our military operate at the zenith of
moral, political and military might when they act under constitutional
authority and with a defined democratic mandate.

So to honor the War Powers Resolution, the president owes Congress a
candid discussion about our long-term plans in the Philippines, and a
more detailed explanation of his rationale for focusing America's
attention so pointedly on Iran, Iraq and North Korea in his State of
the Union address.

Such dialogue and cooperation preserve our constitutional structure,
and increase the moral authority of the president to act forcefully.

Given the unprecedented nature of the threat confronting us, we must
ensure our most powerful and constitutionally unified response to the
new threats confronting us at home and abroad.

(Russell Feingold, Wisconsin Democrat, is a member of the United
States Senate.)

(end text)

(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)