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Stand Up and Be Counted : Needed: an early yes or no vote authorizing the possible use of force against Iraq

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President Bush now suggests that he may be ready to ask Congress to endorse the use of force against Iraq. A willingness to seek specific congressional approval implies at least a bend in what until now has been the Administration’s unyielding insistence that the President already possesses full constitutional authority to commit U.S. forces to war, without getting explicit legislative authorization beforehand. Should Bush make good on his hint by asking Congress to approve the use of force when it convenes on Jan. 3? He should, because a clear expression of congressional opinion is urgently needed.

Congress and the President continue to joust over the two-centuries-old ambiguity in the Constitution touching on war-making powers. Congress has the legal responsibility to raise armies and declare war. The President, as commander-in-chief, has control over the military. Congress says that its constitutional role is clear; its leaders insist at a minimum on Congress’ right to give or withhold approval prior to the President’s ordering troops into combat.

No modern President has been willing to accept that view. All have contended that for them to do so would be to dilute the lawful powers of the chief executive.

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The argument goes round and round and nothing is resolved. The courts, most recently in a suit brought by 54 House members, have repeatedly chosen to steer clear of involvement in this dispute. In normal times, the debate over war powers is largely of academic interest. In times of international crisis, like now, the confrontation becomes compelling. Yet it’s evident that neither Congress nor the President is prepared to yield on what each regards as its constitutional responsibilities. The best course is to seek a political resolution.

Bush should ask Congress when it comes back into session two weeks from now for an early yes or no vote authorizing the possible use of force against Iraq.

If Congress says yes, it may provide just the nudge needed to convince Saddam Hussein that the string has finally run out and that he dare not delay his withdrawal from Kuwait any longer. If Congress says no--if, in effect, it says that the country does not support going to war--then that would of course be a major political signal that the President could hardly ignore. A coherent foreign policy requires an end to the uncertainty, the pointless bickering and, yes, the cheap posturing. The question should go before Congress, and Congress should make its choice.

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