UCLA Today: War requires Congress' vote

BY JOYCE APPLEBY and ELLEN DUBOIS

On Sept. 17, Constitution Day, a delegation of American historians presented a petition signed by 1,337 scholars urging Congress to assume its Constitutional responsibility to debate and vote on whether to declare war on Iraq. Noting that Congress has not asserted its authority to declare war for over half a century, the petition stresses that this has been to “the detriment of our democracy and in clear violation of the Constitution.” It declares that only a debate by Americans’ elected representatives can engage the public in a serious consideration of the costs, risks and wisdom of such a war.

Why should conservatives and liberals join together to oppose President Bush’s willingness “to consult” Congress about his plans to attack Iraq?

Because the Constitution explicitly gives Congress, not the president, the power to declare war. To wage war without a majority vote in Congress specifically to declare war is a clear violation of the intent, the letter and spirit of the Constitution.

The Constitution is not a document to be selectively observed. Its provisions support each other. The balancing of powers was the device the Founding Fathers hit upon to prevent the tyranny of concentrated power.

President Bush’s initial indecision about whether he would consult with Congress suggests that he thought it was his choice and not a constitutional imperative. Talk of consultation or a resolution from Congress is a deceptive distraction. A resolution could be a vaguely worded affirmation of the dangers of Saddam Hussein’s weapons of mass destruction. By contrast, a vote on a declaration of war would involve Congress in a sober assessment of the costs, risks and wisdom of a preemptive strike at Iraq.

Inadequate as consultation is, President Bush has undercut its value by saying he doesn’t expect any debate on Capitol Hill to alter his position. This imperious response does not sound like a man who once swore to uphold the Constitution.

Precisely because a preemptive strike against Iraq would be a departure from America’s foreign policy traditions makes it all the more important to return to the Constitution’s provision for going to war.

The last time a president asked Congress to declare war was Dec. 8, 1941. Presidents since 1941 have preferred the flexibility of undeclared wars, proxy wars, covert wars and U.N. actions. The imperial presidency led to the erosion of Congressional authority in foreign affairs. While the clandestine nature of Cold War operations helps explain this, it in no way justifies expanding presidential powers today while eroding those of the people’s representatives in Congress.

Who remembers America’s past ways of conducting foreign policy? Historians do. They cultivate the memory of their nation’s principles and practices. In this spirit, 1,215 American historians have turned to an old tradition — that of citizens petitioning Congress for redress of grievances. We hope to call members back to their duty and contribute to a rejuvenation of civic culture in this, the oldest of the world’s democracies.

Emeritus Professor of History Appleby, who led the delegation, and DuBois, professor of history, led the petition drive. To see the petition: http://hnn.us/articles/905.html#signers.