Leading Experts Say Congress Must Stop An Attack on Iran: Is That Constitutionally Possible?

Good article by John Dean..

Absolutely - According to Experts on Both Sides of the Aisle

In a February 5 OpEd in the Los Angeles Times, Leon Weiss and Larry Diamond explained that they were uncertain whether President Bush's recent tough talk toward Iran was bully pulpit bluster, meant solely to control Iran's dangerous actions, or if the President was again on the road to war. (Weiss is a senior science fellow at the Center for International Security at Cooperation at Stanford University; Diamond is a senior fellow at Stanford's Hoover Institution.)

Accordingly, Weiss and Diamond called on Congress to find out which is the case, and, if the President's intention is indeed warlike, to take preventive action so that the President does not launch a war in Iran - given his performance in Iraq. They suggest sending the President what is, in effect, a veto-proof measure -- by placing the measure in an appropriations bill - advising the President that "Congress will not support a U.S. military strike on that country" unless authorized by Congress. If Bush were to violate such a law, they urged, Congress should file a lawsuit against him, and begin impeachment proceedings.
James Fallows expressed a similar concern about the Administration's actions in Iran in his recent Atlantic Monthly column. "If we could trust the Administration's ability to judge America's rational self-interest, there would be no need to constrain its threatening gestures toward Iran," Fallows suggested. Such trust, however, has not proven to be merited. Nevertheless, Fallows concluded, even if the Bush Administration has warlike intentions with respect to Iran, Congress can do nothing other than "draw the line. It can say that war with Iran is anathema to the interests of the United States and contrary to the will of its elected representative."



In condensed form, with a few annotations, here is the text of the exchanges that occurred. They require no commentary:

SEN. KENNEDY: "Question just quickly through the panel. Is the President required to seek authorization from Congress before using the military force against Iran?"
DR. FISHER: "I think if there's some action that's a threat to U.S. soldiers I think a president has the power to repel sudden attacks, protect U.S. troops. Otherwise, if it goes beyond isolated incidents like that I think you're running into the preface of the Iraq Resolution, which …Congress amended … to make sure it applied only to Iraq. So I think by statute, by legislative policy, you can confine the President to Iraq." (Emphasis added.)
SEN. KENNEDY: "I'm interested in … what actions can Congress take now to ensure the President doesn't take us into war in Iran without congressional authorization."
PROF. BARRON: "The question of whether the President could right now initiate any actions against the Iran -- I think the proper way to think about it is what authority does he have under the current Iraq Authorization Statute, which would require some close consideration. . . . William Rehnquist [as an assistant attorney general] … thought that a statutory limitation on the exercise of such authority would be constitutionally valid. So I think the legal question then comes to . . . no doubt Congress could restrict him from going and widening the war, not just in terms of the amount of troops used, but in the geographic area covered, and the only issue is whether Congress has in effect already done so by virtue of the limitations and bounds of the Authorization to Use Military Force in Iraq that's already enacted." (Emphasis added.)

In sum, as I read both the general statements of these experts, and their specific answers to Senator Kennedy's question about Iran, everyone agrees that Congress has the power to prevent a president from going to war.

The only question that is doubtful, then, is whether the members of Congress actually have the will to do so. This, I suspect, is what James Fallows concluded, when he said that, at best, they might draw a line.
Of course, George W. Bush and Richard B. Cheney know this too, so they will do whatever they wish to do - and Congress may or may not catch up. But there is no real question as to whether Congress could legally stop Bush and Cheney from going to war in Iran without coming to Congress to fully explain what they are doing and why. Congress has that power; the only question is whether it will dare to use it.

More on the story.