Advertisement

Senate acts to restrain Trump's military powers against Iran

Credit: CSPAN
Credit: CSPAN(WHSV)
Published: Feb. 13, 2020 at 2:25 PM EST
Email this link
Share on Pinterest
Share on LinkedIn

The Senate approved a bipartisan measure Thursday limiting President Donald Trump's authority to launch military operations against Iran.

The measure, authored by Sen. Tim Kaine, D-Va., says Trump must win approval from Congress before engaging in further military action against Iran. Eight Republicans joined with Democrats to pass the resolution by a 55-45 vote.

Kaine and other supporters said the resolution was not about Trump or even the presidency, but instead was an important reassertion of congressional power to declare war.

While Trump and other presidents “must always have the ability to defend the United States from imminent attack, the executive power to initiate war stops there,'' Kaine said. "An offensive war requires a congressional debate and vote.''

The Democratic-controlled House passed a separate, nonbinding war powers resolution last month. The House could take up the Senate resolution later this month, said House Majority Leader Steny Hoyer, D-Md.

Two-thirds votes in the House and GOP-run Senate would be needed to override an expected Trump veto.

Answering a claim by some of Trump's supporters and Trump himself that the measure would send a signal of weakness to Iran and other potential adversaries, Kaine said the opposite was true.

"When we stand up for the rule of law — in a world that hungers for more rule of law — and say ‘this decision is fundamental, and we have rules that we are going to follow so we can make a good decision,’ that's a message of strength,'' Kaine said.

Sen. Mike Lee, R-Utah, agreed. Lee supports Trump's foreign policy, including toward Iran, but said Congress cannot escape its constitutional responsibility to act on matters of war and peace.

“What the American people and the entire world will see from the debate we're about to have in the Senate is that there is abundant support for the United States taking tough positions with regard to Iran,'' Lee said Wednesday. "And as part of that we want to make sure that any military action that needs to be authorized is in fact properly authorized by Congress. That doesn't show weakness. That shows strength.''’

The principle of congressional approval is established for an important reason, Kaine said. "If we're to order our young men and women ... to risk their lives in war, it should be on the basis of careful deliberation by the people's elected legislature and not on the say-so of any one person.''

Trump disputed that, arguing in two tweets Wednesday that a vote against Kaine's proposal was important to national security and pointed to the Jan. 3 drone strike that killed Iran's top general, Qassem Soleimani.

“We are doing very well with Iran and this is not the time to show weakness. Americans overwhelmingly support our attack on terrorist Soleimani,'' Trump said. "If my hands were tied, Iran would have a field day. Sends a very bad signal. The Democrats are only doing this as an attempt to embarrass the Republican Party. Don’t let it happen!''

Tehran responded to the U.S. attack on Soleimani by launching missiles at two military bases in Iraq that house American troops. The attack caused traumatic brain injuries in at least 64 U.S. soldiers, the Pentagon said..

Democrats and Republicans alike criticized a briefing by the Trump administration shortly after the drone strike, saying U.S. officials offered vague information about a possible attack being planned by Iran but no substantial details.

Kaine has long pushed for action reasserting congressional power to declare war. At Republicans' request, he removed initial language that targeted Trump in favor of a generalized statement declaring that Congress has the sole power to declare war. The resolution also directs Trump to terminate use of military force against Iran or any part of its government without approval from Congress.

Sen. Susan Collins, R-Maine, a co-sponsor, called the resolution “much needed and long overdue.'' She said that oat over the past decade, "Congress has too often abdicated its constitutional responsibility on authorizing the sustained use of military force.''

Senate Majority Leader Mitch McConnell, R-Ky., and many other Republicans opposed the resolution, saying it would send the wrong message to U.S. allies.

Senator Tim Kaine, who sponsored the legislation, issued the following statement after the bill passed:

“With passage of this resolution, we sent a powerful message that we don’t support starting a war with Iran unless Congress votes that military action is necessary. If we're to order our young men and women in uniform to risk their lives and health in war, it should be on the basis of careful deliberation. After years of Congress avoiding its constitutional duty on matters of war, I’m grateful that a bipartisan majority of Senators affirmed that the President cannot send our troops into conflict without authorization.” For years, Kaine has been the leading voice in Congress raising concerns over Presidents’ efforts to expand the use of military force without congressional authorization. Kaine has introduced bipartisan legislation to repeal the 2002 AUMF and replace the open-ended 2001 AUMF with a narrower authorization. He also introduced a bipartisan amendment to the national defense bill to prohibit unconstitutional war with Iran, which was supported by a bipartisan majority of Senators in June.

Below is Senator Mark Warner's statement issued after passage of the bill:

“Today, I voted to support Senator Kaine’s War Powers Resolution (SJ Res 68), which requires the President to seek congressional authorization before going to war with Iran. There is no question that Iran continues to pose a threat to the United States and to global security through its backing of terrorist and armed groups, its support for brutal dictators such as Syrian President Bashar al-Assad, and its repeated attempts to target of the United States and our closest allies in domains including cyber, sea and air. “These dangers are real, but I have had serious concerns about whether the administration’s unilateral withdrawal from the JCPOA and its adoption of a so-called ‘maximum pressure’ strategy have made the American people safer – or whether it has instead brought us dangerously close to the brink of war. “This resolution does not constrain the U.S. government from acting in self-defense against Iranian provocation. It does, however, ensure that Congress has a say before the President goes to war – a constitutional responsibility dictated by our founders in Article I. Presidential administrations from both parties have traditionally consulted with Congress before taking the country to war for good reason. Not only is congressional consultation required by the Constitution, but it also creates a process for the airing of outside perspectives that might not otherwise be considered – ensuring that difficult questions are thought through, and blind spots exposed. Frankly, this process is essential when the stakes are so high, when we are talking about escalating a conflict with serious, long-term consequences and potentially putting American men and women in harm’s way.”

Latest News

Latest News