Bending the Third Rail
Because We Should, We Can, We Do
Sunday, January 14, 2007
Bring It On
Here's today's bellicosity:
WASHINGTON -President Bush, facing opposition from both parties over his plan to send more troops to Iraq, said he has the authority to act no matter what Congress wants.

"I fully understand they could try to stop me from doing it. But I've made my decision. And we're going forward," Bush told CBS' "60 Minutes" in an interview to air Sunday night.

Vice President Dick Cheney asserted that lawmakers' criticism will not influence Bush's plans and he dismissed any effort to "run a war by committee."

"The president is the commander in chief. He's the one who has to make these tough decisions," Cheney said.

The defiant White House stance comes as both the House and Senate, now controlled by Democrats, prepare to vote on resolutions that oppose additional U.S. troops in Iraq. Cheney said those nonbinding votes would not affect Bush's ability to carry out his policies.
Now. I don't know if the Congress will pass legislation that is veto-proof ending the escalation. My guess is that they won't. But it is possible that they could. And according to this, they can stop the President. Examples:
December 1970. P.L. 91-652 — Supplemental Foreign Assistance Law. The Church-Cooper amendment prohibited the use of any funds for the introduction of U.S. troops to Cambodia or provide military advisors to Cambodian forces.

December 1974. P.L. 93-559 — Foreign Assistance Act of 1974. The Congress established a personnel ceiling of 4000 Americans in Vietnam within six months of enactment and 3000 Americans within one year.

June 1983. P.L. 98-43 — The Lebanon Emergency Assistance Act of 1983. The Congress required the president to return to seek statutory authorization if he sought to expand the size of the U.S. contingent of the Multinational Force in Lebanon.

June 1984. P.L. 98-525 — The Defense Authorization Act. The Congress capped the end strength level of United States forces assigned to permanent duty in European NATO countries at 324,400.

November 1993. P.L. 103-139. The Congress limited the use of funding in Somalia for operations of U.S. military personnel only until March 31, 1994, permitting expenditure of funds for the mission thereafter only if the president sought and Congress provided specific authorization.
Of course, precedence, legal authority and respect for our democratic institutions isn't the strong suit of this administration. Likely if Congress did try to stop him, he would ignore it sparking a constitutional crisis and involving the Supreme Court. Frankly, I hope it happens. The concept of the unitary executive (aka dictatorship) needs a good bathtub drowning.