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This new report on War Powers reform is unique for a number of reasons, starting with its effort to acknowledge the barriers Congress faces in both exercising its war powers as well as reforming them. And the recommendations acknowledge these barriers. 1/ https://www.cnas.org/publications/reports/war-powers-what-are-they-good-for
Critics of Congress’s relative weakness in matters of war and peace often suggest an inherent fecklessness in the institution, ignoring the structural and political barriers to executing their constitutional responsibilities. 2/
These start with the strong executive, with both inherent and purposely manipulated advantages to congress in launching and sustaining military intervention. 3/
Congress’s structure and culture are also self defeating in overseeing war. War initiation is a single point with intense focus; the prelude and implementation as jurisdictionally split among uncooperative committees that do not see the spectrum of conflict. 4/
Behind the scenes, committee cooperation or even information sharing is too often a rarity, demanding a purposeful effort to address formal and informal barriers to oversight. 5/
Politics is likewise a huge barrier to Congress raising its profile in military intervention, and harkening to moral and Constitutional obligations in pursuit of reform cannot wish such away 6/
But these trends of polarization still put worrisome distance between democratic accountability and use of force, which the executive branch has been happy to take advantage of. 7/
Reform will have to engage in these politics, not ignore them, with creative coalitions as we saw in the case of the Yemen WPR 8/
The problem of reform will only grow more difficult as the way we pursue war challenges Congress jurisdictionally and legally. We saw this with the war on terror, and future conflicts will only grow more complicated. 9/
Where conflict starts and stops has been manipulated for legal ends, freedom of action, PR, and self deception. In grappling with war powers Congress can take on these definitional matters. It will have to do so eventually. The report lays out many options toward this end. END
