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This month marks the 20th anniversary of Operation Iraqi Freedom. Above all, it’s time to pay tribute to his more than 1.5 million brave Americans who served during the Iraq War.
This anniversary also requires us to reflect on where the powers of war lie in our Republic. It may surprise you to learn that Iraq is still on the books today, even though it did not serve its purpose above and is now a strategic partner. Unauthorized use remains possible. Congress declared war on whoever happened to be president, effectively abdicating its responsibility to oversee the war.
We are part of a bipartisan effort to bring them both back.
Centuries before America was founded, unelected irresponsible monarchs declared war against each other that their subjects were forced to fight. They were understandably cautious about war powers.
Congress Poised to End Decades of Iraq War Recognition
They feared that giving war powers to the executive branch alone would more easily lead to war. It was a characteristically wise decision, but as Congress has done for decades regardless of the ruling party, the It was a decision that would only work as intended if the legislator took the initiative rather than abandoning the question of war or peace to the administration.
The president is the commander-in-chief of the U.S. military, but the Constitution gives Congress the power to formally declare war. But Congress hasn’t done this since World War II. Instead, it passed a resolution authorizing a more limited military operation called the Authorization for Use of Military Force (AUMF).
This is the legal means by which recent military engagements in the Middle East have been fought. But even after these mandates are finished and the national security focus has changed, the AUMF remains the law. Both Democratic and Republican presidents have interpreted them as a way to launch combat operations, unrelated to their original purpose and without congressional approval.
To show how outdated these AUMFs are, most of the current MPs were out of office in 2002 when Operation Iraqi Freedom was approved. In 1991, when the First Gulf War was authorized, only three of the current 100 senators were present.
But we are no longer at war with Iraq. We are allies now.
When Congress cedes the power to make war to the president, the country loses the important debate and reflection that its founders hoped preceded such a monumental decision. It relinquishes responsibility for overseeing engagement, ensuring that wars are effectively waged, and that wars end once objectives are achieved.
Congress needs to reassert itself.
The first step to do so is to remove these old approvals. We reintroduced the legislation abolishing both his 1991 and 2002 AUMFs, eliminating the possibility of future misuse and formally ending the Gulf and Iraq wars. Withdrawing these AUMF authorizations also signals to the world that Iraq is a partner in promoting stability in the Middle East.
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Military personnel bow at an Iraqi-coloured detention ceremony for US troops in Baghdad, Iraq, Thursday, December 15, 2011. (AP Photo/Pablo Martinez Monsivais, pool) (AP2011)
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Our bill was approved by the Senate Foreign Relations Committee this week and is ready for a full vote in the Senate. It has 22 original co-hosts, split evenly between Democrats and Republicans, and broad bipartisan support. I support that.
James Madison wrote:[ecutive] It is the branch of power most concerned and most prone to war.Therefore it studied with care and gave the legislature the question of war[ative.]”
This is a chance for “legislation” to finally fulfill its responsibilities.
Our combatants have shown incredible bravery and sacrifice in the course of carrying out their missions. Compared to that, it’s not hard to do our job. It’s time for Congress to regain its power to declare, monitor, and end war. Just as our men and women in uniform deserve it, just as the founder intended.
Republican Todd Young represents Indiana in the US Senate.
Click here to read more about SEN.Tim Kane
Click here to read more about SEN.Todd Young
