Will Our War With Iran Be Declared?

While Americans wait for President Biden to figure out whether he wants to go to war with Iran in the wake of its attack on our base in Jordan, we invite our readers to take a look at two documents. One is the Authorization for the Use of Military Force Against Iraq, which passed into law in October 2002. The other is the December 8, 1941, Declaration of War against the Empire of Japan. We have marked this contrast before, but rarely at such a moment.The authorization for military force against Iraq is close to 2,000 words long. It emerged from a good bit of wrangling in the Congress. Plus, too, President George W. Bush had already assembled a coalition of countries to go in with us. The authorization includes 1,300 or more words of predicates beginning with “whereas,” until it finally gets to the business about “Now, therefore, be it resolved . . .” One of the things it resolves is that the “President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq.” It goes on to comprise an epic list of caveats and limitations and caviling.One requires the president, “prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority,” to make available to the Speaker of the House and the President pro tempore of the Senate the President’s “determination” that reliance on “diplomatic or other peaceful means alone” would not “adequately protect the national security of the United States against the continuing threat posed by Iraq.”Then there is the part about how, “consistent with Section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.” Then comes the business about how the president would have to submit a report “on matters relevant to this joint resolution” — blah blah blah — including “section 7 of the Iraq Liberation Act.”Thunder and lightning — it’s a wonder the joint chiefs didn’t throw their medals at the Congress and stalk off the battlefield. All the more so given the comparison with the war declaration Congress issued in respect of Japan. That was voted on December 8, 1941, the day after Pearl Harbor. The glorious parchment is 165 words long, including its title and a single “whereas” about the Imperial Government of Japan having attacked us.After stating that war is declared, the resolution goes on to say, “the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan.” Then the famous words — ”and, to bring the conflict to a successful termination, all the resources of the country are hereby pledged by the Congress of the United States.” End it. Full stop.We have written about this in these columns a number of times. What keeps us coming back to it is what it says not only to our enemy but to the mothers of America. It says “we are not going to do what we did in Vietnam.” Or Iraq. Or Afghanistan. In not only authorizing the president to use “the entire naval and military forces of the United States” but directing him to do so, we are making an imperishable commitment.It’s not that we’re against responding to Iran. It’s that if we go to war we want to bind the Congress. That is, to declare that there will be no Kerryism allowed — meaning, no summer soldiers like John Kerry mocking our allies and treating with the enemy in Paris, as was done by the future senator during Vietnam. Or, as was done, during Iraq, by Senator Kerry, boasting of having voted for a military appropriation before having voted against it. President Biden might seek no further authority than the authorization to use military force issued by Congress a week after 9/11. That resolution, though, stated that it was not lifting the restrictions on the president in the War Powers Resolution of 1973, when Congress sought to curb the president’s ability to act without legislative micromanaging. In any event, the differentiating feature of the declaration on which we went to war with Japan is this — we won.

Will Our War With Iran Be Declared?

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