Update War Powers Act

There has been a lot of debate in Congress recently about the war in Afghanistan as well as the United States’s role in the conflict in Libya.

Lawmakers are grappling with how the U.S. should deal with war-torn Yemen, which has long been a hotbed for terrorism. Meanwhile, April was the deadliest month for U.S. troops in Iraq since 2009. 

{mosads}The last time Congress formally declared war came after the attack on Pearl Harbor nearly 70 years ago. However, members of Congress were well-aware that their 2001 and 2002 votes on Afghanistan and Iraq, respectively, were seen as votes for, or against, those wars. 

The NATO-led effort targeting Libyan leader Moammar Gadhafi has raised questions about whether the Obama administration is compliant with the War Powers Act. 

During a press conference earlier this month, Speaker John Boehner (R-Ohio) said the administration was not technically violating the law. Others in Congress, representing both political parties, disagree. 

The War Powers Act stipulates that Congress must authorize wars and conflicts that last more than 60 days. The international effort on Libya has now moved beyond that mark. 

The House this month passed a resolution, crafted by Boehner, calling for the administration to explain the mission in Libya. A competing measure, by Rep. Dennis Kucinich (D-Ohio), fell short, though it did attract 87 Republican votes. 

On Tuesday, Boehner warned President Obama that he will soon be in violation of the War Powers Act if the White House does not soon send Congress legal justification for the conflict in Libya. 

In the upper chamber, senators had been working on a bipartisan basis on passing a Libya measure, but those efforts have stalled. 

Waging wars has always been complicated — even more so after the 9/11 attacks. 

That is why Congress should review and update the War Powers Act, which was enacted in 1973 after the House and Senate overrode then-President Nixon’s veto. The wars of four, five or six decades ago are not the wars of today. 

Congress must fight to keep its constitutional right on declaring war, and one of the first steps is revising the War Powers Act so that there is less gray area when it comes to the conflict in Libya. There will be other Libya-like situations in the future, and it is disturbing that members of both sides are unsure of whether the War Powers Act applies.

Support for changing the law comes from Democrats, such as former Senate Intelligence Committee Chairman Bob Graham (Fla.) and from the right, such as National Review, which has labeled the War Powers Act “a dead letter.” It’s time for congressional hearings and new legislation to replace the outdated law.