It may be too late. The president of the United States is now a veritable autocrat in the realm of foreign policy. He has been since at least 1945, when the last congressionally declared war finally ended. Wars in Korea, Vietnam, Grenada, Panama, Somalia, Kosovo, Afghanistan, Iraq, Syria, and Yemen (among other places) were all waged via executive fiat or feeble, open-ended congressional authorizations for the use of military force, aka AUMFs. So it has been with increasing intensity for 73 years and so, most likely, it will remain.
Along with many others, this military officer has repeatedly decried the no-longer-new normal of congressional acquiescence to presidential power to no avail. When, in September 2017, Republican Senator Rand Paul sought to repeal (and replace within six months) the existing 2001 AUMF, which had authorized the president to use force against the perpetrators and enablers of the 9/11 attacks, he could barely muster 35 votes. Given that any president, Republican or Democrat, would veto such a curtailment of the essentially unlimited executive prerogative to make war, that’s still some 32 votes short of a Senate override. In hopelessly divided Washington, that’s the definition of impossibility.
Fear not, two brave “centrist” senators, Republican Bob Corker and Democrat Tim Kaine, are riding to the rescue. Their recently announced bill to repeal and replace the existing AUMF promises to right seven decades of wrong and “establish rigorous congressional oversight,” “improve transparency,” and ensure “regular congressional review and debate.”
In reality, it would do none of those things. Though Senator Kaine gave a resounding speech in which he admitted that “for too long Congress has given presidents a blank check to wage war,” his bill would not stanch that power. Were it ever to…