Checks and Balances, the Sweet Smell of Constitutional Duty

This week's likely going to be another crazy one in the Senate. Carl Levin -- a persistent senator if there every was one -- is spearheading a plan to shrink the war authorization given to the President in 2002. Back then, you'll remember, Congress gave Bush all the freedom in the world to do what he saw fit in Iraq.

(For the record, Levin was one of the 23 "nay" votes on the war in the first place. He's got nothing to apologize for there. Heck, if you don't mind me reminiscing a bit, ah hem -- I was working in the House back in 2002 and I remember this vote so clearly. And what sticks in my head most is how many of us staffers were just so befuddled: why were our institutions so dead set on rushing into this war? Levin was one of those members you looked to and thought, hey, maybe I'm not so crazy after all.)

We all know how this story goes. Bush took the power "to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq" and, well, ran with it. Now Levin aims to use a second binding resolution to call the President back home. On Meet the Press this morning, Levin gave an overview of the plan for this week:

MR. RUSSERT: What are you going to do?

SEN. LEVIN: Hopefully, we’re going to come up with a resolution which is going to modify, in effect, the previous resolution, which was very broad, told the president that he had authority to do basically whatever he wanted to in Iraq, and to come up with wording which would modify that broad resolution and broad authority so that we would be in a supporting role, rather than in a combat role, in Iraq. Things have changed in Iraq. We don’t believe that it’s going to be possible to remove all of our troops from Iraq because there’s going to be a limited purpose that they’re going to need to serve, including a training, continued training of the Iraqi army, support for logistics in the Iraqi army, a counterterrorism purpose or a mission because there’s about 5,000 al-Qaida in Iraq. So we want to—we want to transform, or we want to modify that earlier resolution to more limited purpose. That is our goal. We hope to pick up some Republicans; we don’t know if we will. But the final drafting is going on this weekend.

...

MR. RUSSERT: But if Congress passes this and says, OK, most U.S. troops out of Iraq by 2008, and the president says, “I’m sorry, I disagree,” and he just ignores you, what happens?

SEN. LEVIN: Well, then we have a constitutional battle on our hands because this is a binding resolution. Remember, our resolution, which you had up on the screen there, authorizing the president to go to war, something that he surely welcomed, he doesn’t have much standing, if we can get this passed, to say that our modified resolution, which has a more limited mission, is not effective. It would be very difficult, I think, for him to sustain that position given the fact that he has relied so heavily on our resolution authorizing him to go to war in the first place.

Now we know that Levin's going to get it from all sides for hamstringing the President in a time of war. Get the sense that he's not too worried about that particular charge anymore?

MR. RUSSERT: Aren’t you tying the hands of the commander in chief?

SEN. LEVIN: Well, we hope to put a cap on the number of troops. If I had my way, I would cap them. Of course, if I had my way, we never would have gone there to begin with. But, of course, we’re trying to tie the hands of the president and his policy. We’re trying to change the policy. And if someone wants to call that tying the hands instead of changing the policy, yeah, the president needs a check and a balance. This president hasn’t had one, hasn’t listened to others, including his top military commanders, and it’s about time he did.


Update [2007-2-25 17:43:42 by Nancy Scola]: What if we made it so that nobody votes on the Levin plan until they score better than, oh, 5 out of 8 on Sunni or Shiite? (h/t Dan Drezner)

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Re: Checks and Balances (none / 0)

I was thoroughly impressed with Senator Levin this morning.  His answers were clear and without equivocation.  Hopefully, he will have little difficulty with his re-election in 2008.


Take out the trash. Down with Saxby Chambliss!
by CLLGADEM on Sun Feb 25, 2007 at 04:49:06 PM EST

Re: Checks and Balances, the Sweet Smell of Consti (none / 0)

They need to bring up Republican hypocrisy over and over and over again.

During Somalia, Bosnia, and Kosovo the same Republicans who now decry "tying the hands of the Commander in Chief" wanted to do exactly that to Clinton, and some even advocating cutting off funds. Throw their words back in their faces and expose the hypocrisy.


by need some wood on Sun Feb 25, 2007 at 04:56:20 PM EST

own their words (none / 0)

Good point. Like this:
I cannot support a failed foreign policy. History teaches us that it is often easier to make war than peace. This administration is just learning that lesson right now. The President began this mission with very vague objectives and lots of unanswered questions. A month later, these questions are still unanswered. There are no clarified rules of engagement. There is no timetable. There is no legitimate definition of victory. There is no contingency plan for mission creep. There is no clear funding program. There is no agenda to bolster our over-extended military. There is no explanation defining what vital national interests are at stake. There was no strategic plan for war when the President started this thing, and there still is no plan today.
That's Tom Delay, 1999. Be useful, of course, to find quotes by current members.
by Nancy Scola on Sun Feb 25, 2007 at 05:31:01 PM EST
[ Parent ]

Re: Checks and Balances (none / 0)

Levin was very concise and to the point on what he is trying to accomplish. Even when Russert threw up the republican talking point of supporting the troops Levin was very clear on how his resolution will continue to support the boots on the ground while their mission changes from combat to support. Kudos to Levin he was great on MTP.


by Steambomb on Sun Feb 25, 2007 at 05:42:36 PM EST

Levin sounds a tad confused (none / 0)

Talking about the proposed Biden-Levin Resolution, Levin says, if Bush ignores it,

then we have a constitutional battle on our hands because this is a binding resolution.

But - it won't be a binding res if Bush vetoes it! And it won't be able to repeal the IWR unless it's a joint resolution - which needs Bush's signature.

(The nonbinding, concurrent res that was blocked (Warner-Levin, S Con Res 7/S 470) didn't need Bush's assent.)

Plus - note Levin's big no on defunding. Which I read as including the Murtha Proviso. Some folks around here still think that the Proviso is viable in the Senate. (I doubt whether it's viable even in the House.)

And - he says he's short of 60 for Biden-Levin. Love to know how short. Which Dems are holdouts. The good stuff.

Plus - Levin does not dispute Russert's assertion/assumption that Lieberman jumping ship would flip control of the Senate. This is absolutely not a simple matter. Lots of research needed - but not until this becomes a little more real. If it ever does.


by skeptic06 on Sun Feb 25, 2007 at 05:44:16 PM EST

Re: Lieberman (none / 0)

Let him flip. I think people in Connecticut are looking for a reason to recall him right now anyway. If they can that is.


by Steambomb on Sun Feb 25, 2007 at 05:58:15 PM EST

Russert is a filthy tool (none / 0)

MR. RUSSERT: Aren't you tying the hands of the commander in chief?

 If I'd been in Levin's position, my answer would have started with, "First of all, Mr. Russert, I want to congratulate you for having the Republican talking points down cold. I'm sure your handlers at the White House are very pleased with you. Now, on the issue..."


by Master Jack on Sun Feb 25, 2007 at 07:29:56 PM EST


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