HLS debates over Congress’ role in military decisions
By Roshan Tolani
On the fourth anniversary of the Iraq invasion, the debate over the ongoing war has forced political parties to make their policies public. This Thursday, Congress will vote on the Democratic bill, which proposes the withdrawal of U.S. troops by September 2008.
President Bush’s recent comments on Congress’ role have added a legal dimension to the debate. Bush said in a radio speech that “Congress has no greater obligation than funding our war fighters,” and warned that “any move by the Democratic-led U.S. Congress to limit military operations in Iraq would have devastating consequences.”
At a panel discussion held at Harvard Law School, two law professors argued over who has the authority to make military decisions.
The topic of the discussion was “How Can Congress Stop the War—And Should it be Able to?” Professor David J. Barron argued for Congressional authority while Professor Noah R. Feldman opined that authority in the matter should rest with the Commander-in-Chief.
The panelists discussed the relevance of Articles I and II of the Constitution in context of the topic. According to the Article I, Congress can “regulate and appropriate” the U.S. armed forces, and Article II confers the title, “Commander-in-Chief,” to the President.
Citing legal precedent and history, Barron tried to prove the constitutionality of Congress taking a more active role in military decisions. However, emphasizing Presidential supremacy, Feldman asserted that precedent was not a determining factor in the context of modern warfare.
The professors also disagreed on issues related to Bush’s proposal to promote a troop surge and Congress’ role in restricting troops.
The event was sponsored by the American Constitution Society (ACS) at HLS.
URL: http://www.thecrimson.com/article.aspx?ref=517794
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