August 26, 2002: White House Asserts It Can Launch War against Iraq without Congressional Approval

Ari Fleischer. [Source: Washington Post]White House press secretary Ari Fleischer says that White House lawyers believe President Bush does not need the approval of Congress before launching an attack against Iraq. Fleischer goes on to say that such a consultation with Congress is important, if not constitutionally necessary, because “Congress has an important role to play.… The president knows that any decision he makes on a hypothetical congressional vote will be guided by more than one factor, more than legal factors alone.” Bush “would consider a variety of legal, policy, historical factors in making up his mind about this, if it again becomes a relevant matter. The president knows that in a democracy, it’s vital to have the support of the public if he reaches any point where he makes decisions about military action.” [CNN, 8/26/2002] Article I, Section 8 of the Constitution specifically states that Congress, not the executive branch, has the responsibility of declaring war with another nation. In modern US history, the judiciary has concurred with a number of presidents that the executive branch has limited powers to authorize military strikes, though not the power to commit US forces to a region for an extended period of time without Congressional approval. [University of Missouri-Kansas City, 8/16/2007] And the 1973 War Powers act requires the president to consult with Congress before deploying the military in “hostilities,” to notify Congress of troop commitments within 48 hours of deployment, and to end hostilities within 60 days unless Congress declares war or grants an extension to the deployment. In previous deployments since the law’s passage, presidents have often ignored the law, and Congress has usually not pressed the issue. White House lawyers say Bush has such authority based on his constitutional power to make military decisions as commander in chief, as well as under the terms of the 1991 Gulf War resolution and the September 14, 2001 Congressional resolution approving military action against terrorism. But House Minority Leader Dick Gephardt (D-MO) says that it is “imperative” that Congress debate and vote on any plan to attack Iraq. “This issue is much more than just a legal debate. The president will need the decisive support of the public and their elected representatives in order to initiate and sustain the effort that will be required to eliminate the threat posed by this regime.” [CNN, 8/26/2002]