According to Hillary Clinton’s campaign website and email newsletter, she has introduced legislation intended to cripple President Bush’s ability to the prosecute the surge, and to revoke his authorization to prosecute the War in Iraq altogether:
Right now, there isn’t one of us who isn’t thinking about Iraq. That’s why I went there recently: to meet with the commanders on the ground, to talk with Iraqi leaders, and to speak to the men and women who are fighting this war so heroically.
I came back even more determined to stop the president’s escalation of troops into Iraq and to start the redeployment of troops out of Iraq. So I outlined a plan, and on Friday, I introduced it to Congress as the Iraq Troop Protection and Reduction Act.
My plan accomplishes a number of goals. It stops the president’s escalation. It protects our troops by making sure they aren’t sent to Iraq without all of the equipment and training they need. It puts an end to the blank check for the Iraqi government. It calls for an international conference to bring other countries together to help forge a stable future for Iraq. Finally, my plan would begin a phased redeployment of our troops out of Iraq. I’ve been pushing for this for almost two years.
A video posted at her website declares that the “phased redepoyment” would have to begin in ninety days or that Congress will revoke Bush’s authority as granted under the AUMF. (More here.) Whether or not Congress can make good on Clinton’s promise is questionable at best.
Big Tent Democrat, writing at TalkLeft took a stab at the constitutional question, reasoning that since only Congress can declare war, then Congress can end a war without threat of a Presidential veto. Citing first James Madison,
[I]t is necessary to adhere to the “fundamental doctrine of the Constitution that the power to declare war is fully and exclusively vested in the legislature.”
and then Alexander Hamilton from Federalist 69,
It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.
BTD concludes that the President is without the power to veto a revocation of a war resolution:
To provide the President the power to veto a Congressional decision to END a war would run contrary to what Madison and Hamilton were preaching – that a President can not maintain a state of war. This is an occasion, in my opinion, where the plain meaning clearly runs contrary to the original understanding of the [Art. I, Sect. 7 of the] Constitution.
Notwithstanding BTD’s creative argument, I think that we need look no further than the attempts by Congress to revoke the authorization for the Vietnam War to find the answer as to whether or not the President has anything to say about it. An anti-war congressional candidate from the 70’s, Walter Shapiro, opined on just this topic recently, and arrived at the opposite conclusion of BTD (emphasis added):
The denizens of Capitol Hill have been down this road before. In 1971, in a typical legislative shell game, Congress voted overwhelmingly to rescind the Gulf of Tonkin Resolution. Despite pious antiwar speeches, nothing changed. The reason was, as Ely explains, “Congress had … by a number of appropriations measures, quite pointedly reiterated its authorization of the war.” John Lehman, who was then working for Henry Kissinger in the Nixon White House, gleefully points out in his 1992 book, “Making War,” that the repeal was orchestrated by Republicans. Their reason? According to Lehman, they wanted to demonstrate that Nixon’s legal authority for the war was based “on the president’s power as commander in chief and the annual authorizations and appropriations Congress passed for the war.”
Another obstacle Congress faces is the ultimate constitutional weapon — the presidential veto. The most ambitious congressional initiative to end the Vietnam War was the McGovern-Hatfield amendment, rejected by the Senate in 1970 and 1971, which would have set a timetable for the withdrawal of American forces from Indochina. But had it passed Congress (and that is a big if, since the amendment never received more than 42 votes in the Senate), it would have been subject to Nixon’s veto.
I really don’t know the answer, but judging from the plain language of the Constitution, and the recent history of Congressional attempts to stop a war, I’m guessing that any such effort would have to be veto-proof in order to be effective.
Of course, the other provisions promised by Clinton will do their own damage to the war effort, such as requiring troops to be certified as being “combat ready” before they can be deployed — something I’ve been led to believe [link] is not actually possible since the equipment needed to get certified as such is in theater. Combined with Murtha’s “slow bleed” plan (which also incudes a “combat ready” provision), the new Democratic Congress is poised to do its part to help America lose the war. All except for that Presidential veto, which is what they are banking on, I’m guessing.
As Shapiro noted, there is a certain political calculation to such posturing on the war. Candidates who will be seeking higher office, and those who are up for re-election, are hedging their bets by tilting at windmills in order to pacify the anti-war crowd, while refraining from doing the one thing they know they can do to the end the war — i.e. drawing the purse strings closed. Voting to cut off funding for the war also faces a veto, to be sure, but it could be done so that it cuts off funding for everything else as well. It’s a game of political chicken that Bill Clinton won in the 90’s when he was still quite popular, but that Bush would face with Nixonian approval levels. Surely Congress could pull the money plug if wanted it to and win this game, couldn’t it?
Hillary and the rest of the posturers know why that isn’t true. While the President may be unpopular, and the prosecution of the war finds little support among the electorate, by and large the American people don’t like to fail, especially when victory is seen as possible. As seen in this recent poll (HT: postpolitical) a majority of us not only think that it’s important that we win in Iraq, but are also hopeful that we will win. (See also here.) A candidate who turns his or her back on that majority by voting to defund the war will win the votes of the anti-war crowd, and only the anti-war crowd, while making the President look good. Obviously, that’s a lose-lose situation for a Democratic candidate.
So, while the headlines are lauding Hillary’s bold new move to the masses, keep in mind just how realistic it is, and just what the calculated outcome will be. And don’t forget that, if there were any real bravery on Capitol Hill, we would have won the war by now.
Technorati Tags: Hillary Clinton, Iraq War, AUMF, revoke authority for war, Iraq resolution, election 2008
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