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. In addition, several measures have been introduced calling for the repeal or expiration of the authorization for use of military force (AUMF) against Iraq. It has been suggested that the President's role as Commander in Chief of the Armed Forces provides sufficient authority for his deployment of additional troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in mailers of war appear to concede that it is within Congress's authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an "constitutional condition." The question may turn on whether the President's proposal is a purely operational decision committed to the President in his role as Commander in Chief, or whether congressional action to prevent the proposal's carrying out is a valid exercise of Congress's authority to allocate resources using its war powers and power of the purse.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 24, 2007
- Accession Number
- ADA467984
Entities
People
- Jennifer K. Elsea
- Michael J. Garcia
- Thomas J. Nicola
Organizations
- Library of Congress