The US Constitition WAR Power

Congress and the Presidency jointly exercise the WAR powers under the US Constitution. To DECLARE war; is an action of Congress initiated by the Presidency and conducted by the Commander-in-Chief power. Why the Congress have chosen to assert it [by policy assertion] as a sole power in the appropriations bill, rather cheapens their credibility in the attempt to lessen the Iraqi War. That attempt which should also have avoided fixed dates; and instead require a report back to Congress as to its progress without fixed times would have been a better approach.

This blogger believes that an analysis applied to Iraq as that of an investment analysis (ie. capital induction with sinking fund approach) with specific production and turnaround points would be acceptable to the American people and reduce the crisis of military power application revocation by not using fixed tell-tale time-points. In such an analysis, the President would be required to report specific accomplishments by time "X" with Congress then re-assessign jointly the status of the mission and its future. [cf. Chang-tzu's "Three in the Morning"]. (As a side note, the President's power to receive and appoint Ambassadors is his primary Foreign Relations power beyond his power to conduct affairs of state - which include observing and reporting states of hostilities or war to Congress.)

However; that has been the style of this Congress since January -- whether of Speaker Pelosi or Senate Majority Leader Harry Reid. Executive functions are the constitutionally granted and limited function of the executive power -- the Presidency. And in the United States, an Executive must come to terms with the deliberative appropriations power in legislation of Congress .. the sole grantee of the Legislative power.

HR 1591 Section 1901 Certification & Withdrawal Provision [text via Thomas']

More from the Iraqi War limitation provision as passed in House and Senate in HR 1591 --Appropriations Omnibus bill --(which also includes a stepped minimum wage hike). Unless the President is in a good-cop/bad cop routine for Iraqi Government impressing; he is expected to VETO the bill.

SEC. 1904. (a) The President shall make and transmit to Congress the following determinations, along with reports in classified and unclassified form detailing the basis for each determination, on or before July 1, 2007:

(1) whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even-handed security for all Iraqis; ensuring that Iraq's political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan; and eradicating safe havens;

(2) whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de-Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects; and

(3) whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.

(b) On or before October 1, 2007, the President--

(1) shall certify to the Congress that the Government of Iraq has enacted a broadly accepted hydro-carbon law that equitably shares oil revenues among all Iraqis; adopted legislation necessary for the conduct of provincial and local elections, taken steps to implement such legislation, and set a schedule to conduct provincial and local elections; reformed current laws governing the de-Baathification process to allow for more equitable treatment of individuals affected by such laws; amended the Constitution of Iraq consistent with the principles contained in article 137 of such constitution; and allocated and begun expenditure of $10 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis; or

(2) shall report to the Congress that he is unable to make such certification.

(c) If in the transmissions to Congress required by subsection (a) the President determines that any of the conditions specified in such subsection have not been met, or if the President is unable to make the certification specified in subsection (b) by the required date, the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq and complete such redeployment within 180 days.

(d) If the President makes the certification specified in subsection (b), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than March 1, 2008, and complete such redeployment within 180 days.

(e) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces from Iraq, as specified in subsections (c) and (d).

(f) After the conclusion of the 180-day period for redeployment specified in subsections (c) and (d), the Secretary of Defense may not deploy or maintain members of the Armed Forces in Iraq for any purpose other than the following:

(1) Protecting American diplomatic facilities and American citizens, including members of the U.S. Armed Forces.

(2) Serving in roles consistent with customary diplomatic positions.

(3) Engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach.

(4) Training members of the Iraqi Security Forces.

(g) Notwithstanding any other provision of law, 50 percent of the funds appropriated by title I of this Act for assistance to Iraq under each of the headings `IRAQ SECURITY FORCES FUND', `ECONOMIC SUPPORT FUND', and `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' shall be withheld from obligation until the President has made a certification to Congress regarding the matters specified in subsection (b)(1).

(h) The requirement to withhold funds from obligation pursuant to subsection (g) shall not apply with respect to funds made available under the heading `ECONOMIC SUPPORT FUND' for continued support for the Community Action Program and Community Stabilization Program in Iraq administered by the United States Agency for International Development or for programs and activities to promote democracy in Iraq.

House Bill 1591 -- Iraqi War Limitation via Appropriations Measure

HR 1591 as sent to the US Senate which passed the measure by 52-47 (99 Senators present and voting ..AP wire services via YAHOO-News ... link to bill text below from Thomas' & C-Span. Bill also contains minimum wage hike in its omnibus form. Bill sets deadlines for deployment after President certifies certain Iraqi accomplishments via which deadlines; Congress hopes to avert more troops and press a timetable for troop withdrawal. Certifications include: de-Baathitization of Iraqi politcs; an oil royalties distribution plan etc as actions by the Iraqi government. .. The bill also contains a provision which asserts - oddly- a power of Congress to soley declare war -- while recognizing the sole Commander-in-Chief function of the Presidency -- which war power, however, has always been a combined power under the Constitution. The bill link follows or is above; and the appropriate heading for the most pertinent Iraqi measure to date in restricting the war by Congressional policy diversion. The President is expected to VETO the bill.

http://www3.capwiz.com/c-span/webreturn/?url=http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1591: ..see under heading 'MILITARY ASSISTANCE"

Senate Voting Tally ... via YAHOO-News link here