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<text id=90TT3002>
<title>
Nov. 12, 1990: Who Has The Power To Make War?
</title>
<history>
TIME--The Weekly Newsmagazine--1990
Nov. 12, 1990 Ready For War
</history>
<article>
<source>Time Magazine</source>
<hdr>
@P
NATION, Page 30
Who Has the Power to Make War?
</hdr>
<body>
<p> As the Administration's anti-Iraq rhetoric took on a more
belligerent tone last week, 15 congressional leaders hurried to
the White House to hear President Bush explain his intentions.
Afterward Senate Majority Leader George Mitchell repeated a
message he has delivered many times: "Under the Constitution the
President has no legal authority to commit the U.S. to war. Only
Congress can do that."
</p>
<p> While the Constitution gives Congress the exclusive right
to declare war, events have a way of handing that power to
Presidents. Relying on a decision of the U.N., Harry Truman
committed troops to Korea without specific authorization from
Congress. Lyndon Johnson launched his escalation of the Vietnam
War from the shaky platform of the Tonkin Gulf Resolution, the
nearest thing to congressional approval he could point to--or
needed.
</p>
<p> The painful memory of its own impotence during Vietnam led
Congress to approve the War Powers Act in 1973. The law requires
the President to obtain congressional approval within 90 days
at most after he deploys U.S. troops to any area where he
believes there is "imminent" danger of hostilities. Passed over
Richard Nixon's veto, the War Powers Act has been denounced by
every President since then as a usurpation of Executive
authority. Even Congress has been reluctant to invoke it at the
risk of appearing to stand in the way of American troops on the
march.
</p>
<p> Before adjourning last week, a wary Congress passed
legislation to allow the House and Senate leadership, and not
only the President, to call the two chambers back into session
"as necessary"--meaning in the event of fighting in the Middle
East. Even so, it is unlikely that Bush would consult with
Congress before any bullets start flying in the gulf. That would
deprive him of the element of surprise, to say nothing of the
freedom to stand alone as Commander in Chief without law makers'
hogging the stage.
</p>
</body>
</article>
</text>