Attack on Iraq? Congress Must Make the Decision

The Bush administration has been talking for some time about attacking Iraq in order to replace the government of dictator Saddam Hussein. The justifications cited for this course of action are that Iraq does not cooperate with UN arms inspections; supports terrorist organizations; has chemical and biological weapons, and is developing nuclear weapons; and has demonstrated the will to use weapons of mass destruction.

Failure to submit to UN dictates does not justify talk of war by an American administration; nor does Iraqi action against a "no-fly zone" over their own sovereign territory. The US military should not be an enforcement agency for an incipient world government. If we don't want our military aircraft fired on, we should keep them out of Iraqi airspace.

On the other hand, the likelihood that Iraq may attack us or our allies with catastrophic scope certainly justifies discussing our options for preventing such an attack. Iraq's support of terrorism increases the probability that any Iraqi attack would be against innocent victims, making it even more important that it be prevented. Defeating Saddam Hussein now may well be wiser than waiting until he has nuclear weapons at his disposal.

Think of the problems that could have been prevented if Patton had been allowed to roll over the exhausted Soviet army at the end of World War II; or if MacArthur had been allowed to liberate North Korea; or if we had helped China to prevent the conquest of Mao Tse Tung's Red army. Sometimes an ounce of prevention really is worth a pound of cure.

These are all issues that must be debated by the American people and their representatives in Congress. Surely the Bush administration should think about them as well, and develop their own position. But the decision rightfully belongs to Congress; and it appears that this prerogative is about to be violated again by the president.

Article I, Section 8 of the US Constitution grants to Congress the exclusive power to declare war. While the Constitution designates the president as the Commander in Chief of the armed forces, it does not give him the power to decide when to use those forces. He is merely their highest officer, responsible for using the military and other executive departments to execute the will of Congress.

In all of President Bush's war talk, he has never hinted that he might ask Congress for a declaration of war. Our nation has been involved in many foreign wars since 1945, ironically after having renamed our Department of War to "Department of Defense." Not one of those wars has been waged with the legally required declaration by Congress. There is every indication that the current administration will continue on this unconstitutional course when it comes to dealing with Iraq.

Why is this important? Is this constitutional requirement just a relic of the eighteenth century, which can safely be ignored?

The clearest reason to enforce the Constitution's mandate is that our leaders must be required to obey the law. If they can pick and choose which parts of the Constitution they will obey, we have no security against other violations, should they become expedient. If obeying Article I, Section 8 is optional, how about Article II, Section 1, which specifies that a new president is to be elected every four years? Every one of the foundation stones of our Republic would be vulnerable. The Constitution must be enforced against all violations by any government official or department.

Returning the war powers exclusively to the hands of Congress is important in its own right. National leaders have historically used war as a means to deflect criticism of their leadership, or otherwise to pursue their own agendas. Human nature hasn't changed since the adoption of the Constitution. If we offer the temptation of unconstitutional powers to presidents, they will tend to use those powers. Recent experiences with President Clinton's overseas military adventures should be warning enough to prudent Americans.

Should America attack Iraq? Let's talk about it. Let's hear what President Bush and his advisors have to say about it. But in the end, let's obey the Constitution and insist that Congress make the decision.