Congress and War: Reclaiming Article I Powers

In the wake of the Vietnam War, Congress passed two historic pieces of legislation that were designed to constrain the executive branch’s seemingly unilateral war‐​making abilities. The War Powers Resolution of 1973 and the Arms Export Control Act of 1976, in theory, provide Congress with the ability to restrain presidents from waging war and selling weaponry to any country they desire without prior approval. Yet, because of loopholes in the laws, presidents have conducted direct military action without Congressional authorization in at least 12 countries, other than Iraq and Afghanistan, since Congress passed the 2001 and 2002 Authorizations for Use of Military Force. Moreover, the Pentagon continues to sell weapons to countries that pose a considerable risk, vis‐​à‐​vis human rights and international security, even when Congress explicitly rejects such a sale.
Recent efforts, though, by concerned members of the House and Senate, seek to reinstate Congress’ constitutional prerogative in foreign policymaking. By exercising its Article I mandate, Congress once again can restrain the impulses of the president and play its proper role in considering military engagement, arms sales, and national emergency declarations.
Please join us at noon on Monday, December 6, for a discussion of how Congress might reassert its Article I mandate and restrain presidential overreach, featuring U.S. Senator Chris Murphy (D‑CT) and Cato’s Gene Healy and Jordan Cohen. Moderated by Cato’s Eric Gomez.
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