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Fake Congressional Opposition to War

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Congressional Authority to Wage or End Wars

 

Article I, Section 8 of the US Constitution authorizes only Congress to declare war even though since 1941 it deferred that authority unconstitutionally to the president. Congress also has power to end wars. What it lacks is backbone stiff enough to do it by cutting off funding because it alone controls the federal purse strings. Article I, Section 7, Clause I says: "All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills." Either House may originate an appropriations bill although the House claims sole authority to do it. Either House may amend bills of any kind including revenue and appropriations ones. Congress may have trouble rescinding funding already approved, but there's no disputing its power to withhold future amounts without which wars end and troops are withdrawn.

 

Congressional appropriation power is the key. In the House it resides in the Appropriations Committee and in the Senate with the Committee on Appropriations both charged with the power given it by Article 1, Section 9, Clause 7 of the Constitution saying: "No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time."

 

This language means only Congress has constitutional power of the purse it alone can authorize by laws both Houses must pass. That includes the federal budget in which spending for wars and all other discretionary and mandatory categories are included (like servicing the federal debt). Only Congress can fund them, and no funding means no spending meaning Congress alone can end the Iraq war if it wishes. Cut off the funds, war and occupation end, and troops come home with or without presidential approval - or at least that's how it's supposed to work and has in the past.

 

How Congress Ended the Vietnam War

 

Cutting off funds finally ended the Vietnam war after Congress was mostly deferential to presidential authority throughout the 1960s and early 1970s. In 1964, it granted Lyndon Johnson broad authority to use force and provided funding for it. Still, unlike today, some bold legislators then publicly challenged the administration applying some but inadequate budgetary pressure. An early critic was Senator Frank Church who said early on sending troops to Vietnam would be a "hopeless entanglement, the end of which is difficult to see."  Others in Congress agreed but voiced it privately. They included noted senators like William Fulbright, Albert Gore Sr. (the former vice-president's father), Stuart Symington and Majority Leader Mike Mansfield.

 

Even Lyndon Johnson was conflicted about the war early on, had doubts on what he was getting into, and privately expressed them in May, 1964 to his best Senate friend Richard Russell in taped Oval Office conversations. He wanted advice about the "Vietnam thing," Russell called the "damn worse mess I ever saw" warning we weren't ready to send troops to fight a jungle war. He told Johnson if the option was sending over Americans or get out "I'd get out" and the territory wasn't a "damn bit" important.

 

That was three months before the fateful Gulf of Tonkin Resolution empowered the president to wage war without congressional approval which he did while believing and saying the war was unwinnable. It ruined his presidency, shortened his life, and ended it a disgraced, defeated man who once was bigger-than-life as Senate majority leader and then President.

 

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