New statute of war gives Congress a seat at the table

The two Co-chairs of the National War Powers Commission, former Secretary of States James Baker, III and Warren Christopher, led a news conference in order to release findings and recommendations on the war powers of the president and Congress. Baker explained that the commission is independent and bipartisan and discusses how the U.S. makes the decision to enter into war. Baker also said that after thirteen months of study the commission unanimously declared that the War Powers Resolution of 1973 has failed to promote cooperation between the two branches of government.

Baker said that a new statute must be created in which the importance of meaningful discussion between the president and Congress is established. He explained that the commission recommends the War Powers Consultation Act of 2009 which would establish a clear process on decisions to go to war. Baker also said that this act would not limit the power of either the executive or legislative branches of government and would benefit everyone in the United States. He said that the new statute will create a process that will encourage the two branches to cooperate and consult in a way that is both practical and true to the spirit of the Constitution.

Christopher said that out of all the decisions the U.S. government must face, the decision to go to war is the most fateful. Christopher explained that the War Powers Consultation Act of 2009 provides that the president consult with Congress before deploying U.S. troops into “significant armed conflict” and defines the types of hostilities that would or would not be considered “significant armed conflicts.” The act also creates a new Joint Congressional Consultation Committee, establishes a permanent bipartisan staff with access to the national security and intelligence information necessary to conduct its work, and calls on Congress to vote up or down on significant armed conflicts within 30 days.

Another member of the committee, former Rep. Lee Hamilton, said that by enabling this act the U.S. government will take a “big step forward on a critically important point.” Hamilton explained that the president should always receive the best advice possible when it comes to making the decision of entering into war, and Congress can help give him this advice. Hamilton also said that he hopes the act will be supported by the next president and enacted early on because it would be “a wonderful start to the new administration.”