Congress fails to claw back the right to wage war

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Congress fails to claw back the right to wage war
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President Donald Trump vetoes a law to end America’s role in the Yemen war

WERE THE founding fathers to return, suggested Michael Beschloss, a historian, in last year’s “Presidents of War”, they would be “thunderstruck” to discover how the power to kick off major wars could now “rest on the whim of a President”. Presidents have “regularly told Congress to go to hell” on such matters, as Harry Truman admiringly noted of his predecessor, James Polk.

That the bill got so far, so quickly, is notable in itself. It sped through Congress–passing the Senate on 13th March and the House on 4th April—because of expedited procedures, never before used, granted by the War Powers Resolution . This act was passed in 1973 in response to Richard Nixon’s secretive expansion of the Vietnam war.

But by 2016 the AUMF had been used by Mr Bush and his successor, Barack Obama, 37 times to justify action in 14 countries s–“even against groups that did not exist on 9/11”, points out Christopher Anders of the American Civil Liberties Union . Mr Obama, for instance, deployed the AUMF in defence of his war on Islamic State in Iraq and Syria even though the group angrily split from al-Qaeda long ago.

Some presidents have tried to conjure up a mandate in dubious ways. When the Kosovo war crossed the 60-day mark in 1999, Bill Clinton insisted that Congress had expressed approval by ponying up money for it—never mind that the WPR explicitly says that does not count, and that lawmakers are loth to cut off funds for troops in the line of fire.

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