WASHINGTON, DC – Congressman Bill Delahunt, the Chairman of the Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight continued his series of hearings today on legislation authored by Congressman Walter Jones Jr. (R-NC) to revise the War Powers Act by requiring approval in advance by Congress for all combat missions except to repel and attack against the United States, its forces, and citizens aboard. 

“It is unconstitutional for the President make the momentous decision to commit our nation to war or obligate our troops to defend a foreign country without first consulting Congress,” Delahunt said. “One of the lessons we have learned from the war in Iraq is that Congress must be much more than just a “rubber stamp” when a President decides to take a nation to war.”

The panel heard testimony from  leading constitutional scholars including: Bruce Fein, Esq. from The Lichfield Group,  Louis Fisher, Ph.D. Special Assistant to the Law Librarian at the Law Library of Congress, Michael J. Glennon, Esq. ,Professor of International Law from The Fletcher School at Tufts University, Jules Lobel, Esq., Professor of Law from the University of Pittsburgh School of Law, and Edwin D. Williamson, Esq., Senior Counsel at Sullivan and Cromwell, LLP.

The witnesses reached a consensus that the War Powers Resolution was not an effective tool for Congress to use in fulfilling its constitutional duty to decide when to send U.S. armed forces into combat.  The War Powers Resolution was enacted over President Nixon’s veto in 1973.  It allows a president to send U.S. forces into combat for 60 days before having to come to Congress for approval.

One of the witnesses at today’s hearing Professor Michael Glennon said that “the most pressing issue of the day is the authority to continue fighting in Iraq.”   Delahunt has introduced legislation to require Bush Administration to consult with Congress before executing a long-term security agreement with Iraq.

“We must insist that any agreement with Iraq that authorizes our troops to fight is affirmed by the Congress, and not just implemented by the President,” Delahunt said.  “If the administration continues down this road, there could very well be a constitutional confrontation that could risk our security interests and the welfare of our troops.”

To read more about this legislation, please click here.

Delahunt has scheduled one more hearing on the War Powers April 24, after which he will ask the Foreign Affairs Committee to consider the Jones proposal.

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