Tuesday, July 24, 2007

Limits Against Imperium

Adam Cohen has a remarkably cogent piece up at the New York Times about the power of the president and the intentions of the drafters of the Constitution, called "Just What the Founders Feared: An Imperial President Goes to War." In the current struggle over the war in Iraq, Cohen concludes "the founders and the Constitution are firmly on Congress’s side."

The founders would have been astonished by President Bush’s assertion that Congress should simply write him blank checks for war. They gave Congress the power of the purse so it would have leverage to force the president to execute their laws properly. Madison described Congress’s control over spending as “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”

The framers expected Congress to keep the president on an especially short leash on military matters. The Constitution authorizes Congress to appropriate money for an army, but prohibits appropriations for longer than two years. Hamilton explained that the limitation prevented Congress from vesting “in the executive department permanent funds for the support of an army, if they were even incautious enough to be willing to repose in it so improper a confidence.”


He also makes an interesting point about the title "Commander-in-Chief," suggesting the power to make policy is vested in the Congress, while the President is simply charged with implementing it:

The Constitution does make the president “commander in chief,” a title President Bush often invokes. But it does not have the sweeping meaning he suggests. The framers took it from the British military, which used it to denote the highest-ranking official in a theater of battle. Alexander Hamilton emphasized in Federalist No. 69 that the president would be “nothing more” than “first general and admiral,” responsible for “command and direction” of military forces.


Why people have waited until now to make such points is beyond me. But there is undoubtedly a cascade of opinion against Bush and his leadership right now. If only that translated into changes in policy -- and a change in the role Congress plays in the decision-making process.

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