SPEAKER: I'm a military veteran, having served in Vietnam as a lieutenant
in the US Army Special Forces.
Of all the years of my adult life, it's the one I remember most clearly.
The people, the places, the uplifting moments, the sad ones,
they're indelible.
Like many who fought in Vietnam and like many
who protested at home against the war, I came
to question whether the power to wage war
should rest so substantially in the hands of one individual, the President.
There's an inherent risk in allowing any individual control over war.
Presidents are not infallible.
Moreover, if a war begins to go badly, presidents
can choose to escalate or draw out the conflict in an attempt
to salvage what they started.
The risk involved in presidential wars were
what led Congress near the end of the Vietnam War
to override a presidential veto and enact the War Powers Act.
The War Powers Act seeks to give Congress more say in war.
The War Powers Act requires the present within 48 hours
of the start of military action to explain to Congress the reasons for it.
The president then has to stop offensive operations within 60 days
unless Congress authorizes an extension.
Every president since the War Powers Act was passed
has claimed that it's an unlawful infringement
on their constitutional power as Commander in Chief.
They've made that claim even in those instances
where they've gone to Congress for support in the use of military force.
In signing the Congressional Resolution authorizing
the use of force against Iraq, President Bush
said, "while I appreciate receiving that support, my request for it
did not constitute any change in the long-standing positions
of the Executive Branch on the constitutionality of the War Powers
Resolution."
The War Powers Act has not been ruled upon by the Supreme Court,
so it's not clear whether presidents are bound by its provisions.
Nevertheless, the issue raised by the War Powers Act
is one of the cardinal issues of our time.
How much power should presidents have over the decision
to start and continue a war?