Congressional Authority to Limit U.S. Military Operations in Iraq
Abstract
On October 16, 2002, President Bush signed the Authorization for Use of Military Force against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. The situation in Iraq has focused attention on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specifically under consideration is whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers the President may assign to duty in Iraq. This report provides background and discusses constitutional provisions allocating war powers between Congress and the President. It presents an historical overview of relevant court cases followed by some examples of measures enacted by Congress to restrict military operations. The report includes a discussion of possible alternative avenues to fund operations in the event Congress were to restrict appropriations for the war in Iraq. Finally, the report provides a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq, and concludes that, although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 29, 2007
- Accession Number
- ADA462046
Entities
People
- Jennifer K. Elsea
- Thomas J. Nicola
Organizations
- Library of Congress