Commission Recommends New US War Powers Act 

By Kent Klein
Washington
08 July 2008

Two former U.S. Secretaries of State are recommending that the UnitedStates change its procedures for deciding to go to war. VOA's KentKlein reports from Washington.    

James Baker and WarrenChristopher say a U.S. president should be required by law to consultwith Congress before going to war. And they want to require Congressto approve or disapprove the action within 30 days.

Baker wasSecretary of State under Republican President George H.W. Bush, andChristopher held the same office under Democratic President BillClinton. Together, they led a year-long study by the National WarPowers Commission.

Baker says the commission believes the 1973 War Powers Resolution needs to be replaced.

"Wethink that the rule of law, which is, of course, a centerpiece ofAmerican democracy, is undermined and is damaged when the main statutein this vital policy area is regularly questioned or ignored," saidJames Baker.

The 1973 legislation was a response to the VietnamWar. Baker and Christopher say it is ineffective andunconstitutional. They say no president has ever recognized itsconstitutionality, Congress has never challenged it, and the SupremeCourt has never ruled on it.

The U.S. Constitution designatesthe president as commander-in-chief of the armed forces, but givesCongress the power to control war funding.

The legislationproposed by Baker and Christopher's commission would require apresident to consult with Congress before sending troops into combatfor more than a week. It would also create a Joint CongressionalConsultation Committee, with members of both houses of Congress. Christopher says this would include Congress in an important decision.

"Thisstatute gives Congress a seat at the table, in deciding whether or notto go to war - not just a seat at the table, but one with a permanentstaff, a permanent professional staff, and access to all the availableintelligence information," said Warren Christopher.

The commission's proposal would also call for Congress to approve or disapprove any "significant armed conflict" within 30 days.

Baker said the plan is not directed toward any particular conflict in which the U.S. has been involved.

FormerRepublican Congressman Lee Hamilton, a commission member, says thegroup hopes the legislation can be passed by Congress and signed by thepresident next year.

"We think it would be a marvelous piece oflegislation for the next president and the next Congress to enact earlyon, as a signal of bipartisanship in this country, on a nationalsecurity issue," said Lee Hamilton.

A new opinion poll shows79 percent of Americans think the president should be required to haveapproval from Congress before sending troops into combat outside theUnited States.