In addition to the confusion about congressional powers mentioned earlier, there seems to be a general idea that Congress simply does not interfere with presidential war authority. For lawmakers to use the power of the purse to intercede on military operations is so unusual, the theory goes, that the very idea is to be considered extreme and suspect.
The Center for American Progress explained in a thorough, well-documented report today that this notion is simply false. Congress has repeatedly exercised its constitutionally authorized powers. Think Progress noted a sampling of the many recent examples.
December 1970. P.L. 91-652 — Supplemental Foreign Assistance Law. The Church-Cooper amendment prohibited the use of any funds for the introduction of U.S. troops to Cambodia or provide military advisors to Cambodian forces.
December 1974. P.L. 93-559 — Foreign Assistance Act of 1974. The Congress established a personnel ceiling of 4000 Americans in Vietnam within six months of enactment and 3000 Americans within one year.
June 1983. P.L. 98-43 — The Lebanon Emergency Assistance Act of 1983. The Congress required the president to return to seek statutory authorization if he sought to expand the size of the U.S. contingent of the Multinational Force in Lebanon.
June 1984. P.L. 98-525 — The Defense Authorization Act. The Congress capped the end strength level of United States forces assigned to permanent duty in European NATO countries at 324,400.
November 1993. P.L. 103-139. The Congress limited the use of funding in Somalia for operations of U.S. military personnel only until March 31, 1994, permitting expenditure of funds for the mission thereafter only if the president sought and Congress provided specific authorization.
Indeed, it’s worth noting that Republicans, when Clinton was president, used this power rather routinely.
From the CAP report:
* In 1994, Senator Jesse Helms tried unsuccessfully to prohibit funding for any U.S. military operations in Haiti and the House attempted to cut $1.2 billion in peacekeeping and humanitarian funds for Haiti, Bosnia, Somalia, and Iraq.
* In 1995, Sen. Gregg (R-NH) sought to cap the allowable number of combat troops deployed to Bosnia at 25,000 and House members sought unsuccessfully to prohibit any federal funds from being used for deployment in any peacekeeping operations in Bosnia-Herzegovina.
* Similarly in 1998, Senators Warner and Byrd sought to cut off funding for the Kosovo deployment unless the president sought and received explicit congressional authorization and developed a plan to turn the peacekeeping duties over to U.S. allies by July 1, 2001.
* Sens. Warner and Byrd also sought to withhold a quarter of FY 2000 supplemental appropriations for operations in Kosovo until the president certified that NATO allies were fulfilling their requirements.
* In 1999, in the House, Rep. Souder sought to prohibit funding for military operations in Yugoslavia.
Congress doesn’t just have an opportunity; they have a responsibility to shape national security policy. Lawmakers always have. The sooner we stop hearing about how “extreme” this is, the better.