http://www.sierratimes.com/07/03/22/75_7_2_15_21186.htm A Catch-22 will Stop Plan by Democrats to Pull American Troops out of Iraq
Robert Greenslade
Since the Democrats took control of Congress following the 2006 congressional elections, they have floated numerous plans to withdraw the military forces of the United States from Iraq. Some of these proposals contain a provision to revoke Congress 2002 authorization for the war. Apparently, some Democrats believe this will force President Bush to cease military operations in Iraq and bring the troops home. Nothing could be further from the truth because Congress created a Catch-22 when it granted President Bush the authority to use the military forces of the United States following the attack on the World Trade Towers in 2001.
Seven days after 9/11, Congress passed Senate Joint Resolution 23 [SJ Res. 23]. This resolution, entitled: Authorization for Use of Military Force [http://thomas.loc.gov/cgi-bin/query/z?c107:S.J.RES.23.ENR:], gave the President the authority to:
se all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
SJ Res. 23 also stated: the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.
Since a President cannot use the military forces of the United States in an offensive capacity against a foreign nation without authorization from Congress, this resolution was the basis for use of military force in Afghanistan. However, as stated above, a President has a level of authority concerning the use of the military that comes directly from the Constitution, not Congress.
At the insistence of the Democrats, Congress passed a subsequent resolution prior to the invasion of Iraq. House Joint Resolution 114 [HJ Res. 114], entitled: Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq [http://www.whitehouse.gov/news/releases/2002/10/20021002-2.html], was signed into law by President Bush on October 14, 2002. The key part of the resolution stated:
The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to:
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.
The reader will note, contrary to representations to the contrary, that weapons of mass destruction were not specifically referenced as one of the 2 reasons Congress gave for authorizing President Bush to use the military forces of the United States against Iraq.
With the fall of Saddam Husseins regime shortly after the war began and his subsequent capture by US forces, the Presidents authority to use the military under HJ Res. 114 officially ended because it was limited to 2 objectives. [Mission accomplished] Thus, there is no need for Democrats to attempt to revoke the resolution because when these 2 objectives were accomplished, his authority to use the military in Iraq ended.
Before the Democrats jump for joy and draft a resolution requiring President Bush to cease military operations in Iraq because his authority under HJ Res. 114 ended, they had better pause and take a deep breath because they have a big problem. Its a Catch-22 called SJ Res. 23.
Congress, with the passage of this resolution, gave the President the sole discretion to use the military against any nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001. This discretionary power, as stated in the resolution, is virtually limitless. The moment Al-Qaida showed-up in Iraq, and it is an undisputed fact that Al-Qaida is engaged in hostilities there now, the Presidents authority under SJ Res. 23 went into effect. Thus, as long as Al-Qaida remains in Iraq, the President cannot be constrained from conducting military operations there, irrespective of whether HJ Res. 114 is in effect, because SJ Res. 23 is a separate authorization for the use of United States forces.
SJ Res. 23 is the sole source of authority for the President to use the military offensively to conduct the war on terror. If the Democrats attempted to repeal this resolution, they would, in effect, be stripping the President of his power to fight terrorists abroad. This would also end the war in Afghanistan and anywhere else United States forces are fighting Al-Qaida. The fallout of such a move would be a political catastrophe for the Democrats. Thus, they are caught in a Catch-22 and the chances of them moving to repeal SJ Res. 23 are slim to none.
As long as Al-Qaida remains in Iraq and SJ Res. 23 remains in effect, the troops are staying in Iraq and Congress, absent some radical act like cutting off funding, which would be political suicide, is virtually powerless to order the President to bring the troops home.
