Panel suggests War Power overhaul

Under a proposed overhaul of the War Powers Resolution of 1973, future American presidents would be required by law to consult with congressional leaders before entering into any major armed conflict.

The proposal by the bipartisan National War Powers Commission — co-chaired by former secretaries of state James A. Baker III and Warren Christopher — aims to add more meaningful cooperation between the executive and legislative branches when it comes to matters of war and peace.

The commission, which was convened by the Miller Center of Public Affairs at the University of Virginia, released its final report Tuesday after 13 months of study.

“It is a pragmatic proposal,” said Gerald L. Baliles, a former Virginia governor and director of the Miller Center. “It is a bipartisan solution that would provide benefits to the president, congress and the American people.”

The commission called for the repeal of the War Powers Resolution. That law, passed in response to the Vietnam War, stipulates that the president can send troops to war only when authorized by Congress or if the country is attacked. The act requires the president to notify Congress within two days of committing troops to war and prohibits troops from staying deployed longer than 60 days, unless approved by legislators.

The War Powers Resolution, the commission concluded, has never worked in practical terms. In its place, the panel proposed, would be the War Powers Consultation Act of 2009.

The proposed statute would require the president to consult with a new Joint Congressional Consultation Committee — which would include leaders of the House and Senate, as well as chairmen and ranking members of key committees — before deploying U.S. troops for any armed conflict that is expected to last longer than one week.

The proposal would further require Congress to vote up or down on any such significant armed conflicts within 30 days.

It would also establish a permanent bipartisan staff with access to relevant national security and intelligence information.

“This statute does not attempt to resolve the constitutional questions that have dominated this debate over the war powers, and does not prejudice the president or Congress their right or ability to assert their respective constitutional war powers,” Baker said in a statement. “What we aim to do with this statute is to create a process that will encourage the two branches to cooperate and consult in a way that is both practical and true to the spirit of the Constitution.”

The commission wants to see its recommendations enacted within the first 100 days of the next presidential administration. In published reports Tuesday, spokesmen from both John McCain’s and Barack Obama’s campaigns expressed interest in the recommendations, but were noncommittal.

“This particular proposal is politically realistic,” said W. Taylor Reveley III, interim president of the College of William & Mary, who served as co-director of the commission with John C. Jeffries, a law professor and immediate past dean of UVa’s School of Law. “It just might actually work.”

Sen. Jim Webb, D-Arlington, had not seen the report Tuesday afternoon but has been a longtime advocate of giving Congress a greater voice in decisions of war, Webb’s press secretary Kimberly Hunter said.

“He’s been consistent in saying that he wants to see the balance restored between the executive and legislative branches with respect to conducting and funding wars,” she said.

Rep. Virgil H. Goode Jr., R-Rocky Mount, had also not read the report Tuesday, but said in a statement that its overall conclusions are “worthy of further study.”

“A number of knowledgeable and experienced persons have contributed to this report, and I look forward to reading it and seeing all the details in it,” he said.

In addition to Baker and Christopher, the commission featured a marquee list of former top-level government and military officials. Included among its ranks were former congressman and 9/11 Comm-ission vice chairman Lee H. Hamilton, former U.S. Attor-ney General Edwin Meese III and former National Security Advisor Brent Scowcroft.

UVa President John T. Casteen III and Rice University President David W. Leebron served as ex officio members of the commission. Pulitzer Prize-winning historian Doris Kearns Goodwin was the commission’s historical advisor.

This article was edited to judicial to legislative branch in the second paragraph.