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Thursday, September 19, 2002
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President George W. Bush recently informed members of the United Nations he will take military action against Iraq with or without the international body’s consent.

Ironically, the merits of Bush’s stance have yet to be brought before Congress for discussion.

A petition signed by thousands of historians brought before senators and representatives Tuesday urges the legislative branch to step up and assume its constitutional obligations for debating war.

The historians, including five from the University of Florida, assert that by not staking their claim in war declaration discussions, members of Congress would be in violation of the Constitution.

Even though Iraqi officials have stated they unconditionally will accept the return of weapons inspectors, the root problem of the president overstepping his bounds remains evident.

Congress shall have the power to declare war, not Bush. The highest law in the land explicitly guarantees the responsibility of initiating military conflict with other countries to the legislature.

As the commander-in-chief of the armed forces, the head of the executive branch must ensure all military action falls within the bounds of legality. Those two branches must work together before the nation hears the martial call.

But presidents have a funny way of circumventing that restrictive and annoying clause. In the past, congressional resolutions essentially were offered as blank checks to presidents to ensure military operations were carried out absent a declaration of war.

This proved a quick fix, but when the undeclared Vietnam War created sanguine spillover into Cambodia and Laos, legislative officials and the American people witnessed the scope of power an uninhibited commander-in-chief can wield.

In the wake of our nation’s involvement in Southeast Asia, Congress passed the 1973 War Powers Resolution over the veto of President Richard Nixon.

This measure calls for a strict accounting before Congress by the executive branch when members of the armed forces are deployed against hostile foes. The resolution also sets a 90-day limit on the time troops can be engaged without congressional approval.

That legislation was a good first step, and the petitioners see it as just that — a first step.

The writers, Joyce Appleby and Ellen DuBois, initially sent the document to about 150 historians who forwarded it to others. By mid-August, they began receiving up to 300 signatures a day from public historians and librarians specializing in American history.

This is a staff editorial for the Independent Florida Alligator at the University of Florida. This editorial was distributed by U-Wire.¾

 

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