Still Waiting for Backbone
Can Congress stop the war?
Lawmakers have the constitutional authority. What they may not have, however, is the will.
By Jonathan Turley
After campaigning on the war, Democrats are struggling to lower the expectations that they created. Yet, two out of three Americans oppose the president's plan for escalation. More than 60% believe the president was wrong to invade Iraq in the first place. Worse still, recent polls in Iraq show that not only do 70% of Iraqis want us out within a matter of months, but more than 60% actually support the killing of our troops.With all of its power, Congress' use of a non-binding resolution is akin to a surgeon trying to shout out a malignant tumor. Congress has the means; it is only a question of its will.
For his part, Bush is playing a dangerous game of chicken by moving to send troops to Iraq before any authorization of funds is made. Bush knows that Congress is unlikely to have the courage to pull funds once troops are in place.
The use of military personnel as hostages in a fight with Congress is not new. Teddy Roosevelt had many fights with Congress over the composition and use of the military. One such dispute occurred over Roosevelt's desire to send his "Great White Fleet" around the world to show the American flag — an enterprise viewed by many as an expensive vanity. When Congress balked in appropriating funds for fuel and support, Roosevelt used what fuel he had to send the fleet halfway around the world. He then informed Congress that if it wanted its new fleet back, it would be wise to send the fuel.
It is not clear how long Congress will wait before using its authority. As Democrats look for a personally convenient moment to act and the president tries to spend himself to victory, the country continues to pay a dear price. If it takes a projected $500 billion and nearly 26,000 dead or wounded soldiers to get Congress to the point of a non-binding resolution, one can only imagine what it would take to cut off funds. Yet, rest assured: When members finally feel comfortable with acting to end this war, they will find all the authority they need in the Constitution and all the reasons they need in Iraq.
Turley gives a thorough historical rundown of the ways in which the "power of the purse" has been used to limit the damage caused by an out of control executive. He is one of the constitutional scholars I'm listening to the most these days and I give MSNBC kudos for using him as their go-to guy for legal analysis.