Does Congress's Authorization to Use Force In Iraq Expire?
Apr-5-08 01:50 pm
Yale Professors Bruce Ackerman and Oona Hathaway have a provocative piece in today's Washington Post. They argue that unless the United Nations Security Council adopts another resolution relating to Iraq or Congress adopts another resolution authorizing the use of force in Iraq, the original congressional authorization from 2002 will expire on the last day of 2008. They explain:
But, they continue:
Very interesting. But, as Ackerman and Hathaway note, the Administration has a reponse ready:
I wish I could agree with Ackerman and Hathaway. But I can't.
Look at the language of the relevant provisions of the 2002 resolution. It reads:
It seem clear to me that under this resolution the president continues to have the discretion to determine that force is still "necessary and appropriate" to respond to the "continuing threat." It may true that the continuing threat is one of our making, but that seems irrelevant for purposes of this authorization.
SImply put, Congress in its infinite wisdom adopted a resolution that was so broad that it continues to provide authorization to US military operations in Iraq. Remind you of anything?
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