Re: S.J. Res. 46 and H.J. Res. 114 Joint Resolution Authorizing Use of Force Against Iraq
Dear Member of Congress:
On behalf of the American Civil Liberties Union and its approximately 300,000 members, we write regarding S.J. Res 46 and H.J. Res. 114, which are identical resolutions negotiated between Congressional leaders and the White House authorizing military force against Iraq.
We take no position on whether or under what conditions force should be used. Under the Constitution, however, decisions whether to use military force require Congress's consent.
The President's initial draft of a resolution authorizing the use of force effectively usurped for the Executive war making authority of Congress because it: (i) did not specify the countries against which force could be used; (ii) violated the Constitution and War Powers Act by asserting unilateral Presidential war-making power; and (iii) failed to state an objective for the use of force.
The compromise resolution before you addresses the first two concerns, but not the third. It limits the use of force to Iraq and specifically reaffirms Congress's role in approving military force by referencing the War Powers Act. However, instead of stating an objective for the use of force, it delegates to the President the power to take action he deems necessary to "defend the national security of the United States against the threat posed by Iraq." This language creates a potential danger in that the President might use the authority granted by Congress in ways Congress did not anticipate and would not have approved.
Because ACLU takes no position on whether force should be used, we take no position on whether you vote for or against this resolution.
Sincerely,
Laura W. Murphy
Director, Washington National Office
Timothy H. Edgar
ACLU Legislative Counsel
cc:
- President George W. Bush
Hon. Donald Rumsfeld, Secretary of Defense
Hon. Colin Powell, Secretary of State
Hon. Condoleezza Rice, National Security Advisor
Alberto R. Gonzalez, Counsel to the President
John B. Bellinger III, Senior Associate Counsel to the President and Legal Adviser