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- <text id=90TT3002>
- <title>
- Nov. 12, 1990: Who Has The Power To Make War?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Nov. 12, 1990 Ready For War
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- @P
- NATION, Page 30
- Who Has the Power to Make War?
- </hdr>
- <body>
- <p> As the Administration's anti-Iraq rhetoric took on a more
- belligerent tone last week, 15 congressional leaders hurried to
- the White House to hear President Bush explain his intentions.
- Afterward Senate Majority Leader George Mitchell repeated a
- message he has delivered many times: "Under the Constitution the
- President has no legal authority to commit the U.S. to war. Only
- Congress can do that."
- </p>
- <p> While the Constitution gives Congress the exclusive right
- to declare war, events have a way of handing that power to
- Presidents. Relying on a decision of the U.N., Harry Truman
- committed troops to Korea without specific authorization from
- Congress. Lyndon Johnson launched his escalation of the Vietnam
- War from the shaky platform of the Tonkin Gulf Resolution, the
- nearest thing to congressional approval he could point to--or
- needed.
- </p>
- <p> The painful memory of its own impotence during Vietnam led
- Congress to approve the War Powers Act in 1973. The law requires
- the President to obtain congressional approval within 90 days
- at most after he deploys U.S. troops to any area where he
- believes there is "imminent" danger of hostilities. Passed over
- Richard Nixon's veto, the War Powers Act has been denounced by
- every President since then as a usurpation of Executive
- authority. Even Congress has been reluctant to invoke it at the
- risk of appearing to stand in the way of American troops on the
- march.
- </p>
- <p> Before adjourning last week, a wary Congress passed
- legislation to allow the House and Senate leadership, and not
- only the President, to call the two chambers back into session
- "as necessary"--meaning in the event of fighting in the Middle
- East. Even so, it is unlikely that Bush would consult with
- Congress before any bullets start flying in the gulf. That would
- deprive him of the element of surprise, to say nothing of the
- freedom to stand alone as Commander in Chief without law makers'
- hogging the stage.
- </p>
-
- </body>
- </article>
- </text>
-
-