If military advisers don’t plan to win it, Congress shouldn’t authorize it.
It probably won’t be, but the first item on the lame-duck congressional agenda should be the military action in which we are now engaged against the Islamic State, or ISIS. Congress has no more serious responsibility than to examine the policy and goals behind any action that puts American lives at risk. Thursday’s appearance of Defense Secretary Chuck Hagel and Joint Chiefs of Staff Chairman Gen. Martin Dempsey before the House Armed Services Committee should be only the beginning.
Not that Congress does that all or even most of the time our military is engaged in conflict. Over our hundreds of years of history, Congress has declared war only 11 times. Without declarations of war, we’ve nevertheless fought major wars in Korea, Vietnam, Iraq (twice) and engaged in smaller military actions dozens of times. After the Sept. 11 attacks, Congress twice passed “authorizations for the use of military force” first against al Qaeda and then for the Iraq invasion, but in neither case actually declared war.
Congress passed the 1973 War Powers Act by overriding President Nixon’s veto. Nixon’s successors have generally followed it without admitting to its constitutionality. President Obama, in accordance with the War Powers Act, notified Congress when he ordered the commencement of the air campaign against the Islamic State.
We’re already hearing members of Congress, beginning predictably with Sen. Rand Paul, Kentucky Republican, say the ISIS war is illegal because it has exceeded the 90-day limit imposed by the War Powers Act, ignoring the probable unconstitutionality of that congressional action.