Rich Lowry: On ISIS, Congress should vote

  • By Rich Lowry
  • Wednesday, September 17, 2014 8:30pm
  • Opinion

We have as close to a national consensus as possible in the war against ISIS.

Polls show the public wants strong measures. Practically everyone on the political spectrum says the terror group should be destroyed, even Elizabeth Warren and Rand Paul. President Barack Obama has given a prime-time speech committing the country to a yearslong war.

And yet Congress can’t bring itself to vote to authorize military action. President Obama doesn’t want to ask for an authorization, and Congress doesn’t want to be asked. Who says that no one can get along in Washington? When it comes to evading democratic accountability, the consensus is broad and deep.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The advantages of an authorization are obvious. It would be an unmistakable statement of national will. It would communicate to our allies our seriousness. It would put everyone on record, so if the war goes badly it is harder for finger-in-the-wind members of Congress to bail out.

Even more obvious is the alliance of convenience between President Obama and Congress to avoid a vote (except on the more limited mission of arming and training Syrian rebels). The president doesn’t want to be bothered, especially after his ill-fated quest for a vote to authorize bombing Syria last year (the effort seemed doomed before he pulled the plug). And Congress doesn’t want to bother, not with an election looming and not when a vote would require taking needless responsibility.

So the president rummages around his desk drawers searching for a legal basis for his war, while Congress mumbles and looks at its shoes. Such are the exertions of the nation’s political branches as they embark on a long fight against an enemy of the United States.

Even if it is unauthorized, the war against ISIS is not illegal. The president has the inherent authority as commander in chief to act against a threat to the United States, and Americans have been killed by ISIS.

But Harvard Law School professor Jack Goldsmith points out the problem for the administration in asserting this view. Under the War Powers Resolution — a fetish of the left — Congress must authorize military action 60 days after it is undertaken. So, unless the administration wants to openly defy the resolution — as it did during the Libya War when it argued that the monthslong bombing campaign against Moammar Gadhafi didn’t constitute “hostilities” — it would still need congressional authorization.

It prefers, then, to argue that the war has already been authorized. It is relying primarily on the 2001 authorization against those who “planned, authorized, committed, or aided” the Sept. 11 attacks, or “harbored” those who did. This has been taken as a broad mandate to hit al-Qaida or al-Qaida-allied groups.

Its application to ISIS is dubious, though. ISIS didn’t commit 9/11, and it is fighting al-Qaida rather than being allied with it.

As backup, the administration says the 2002 authorization for the Iraq War still applies. This, too, is tenuous. The 2002 legislation authorized the president “to defend the national security of the United States against the continuing threat posed by Iraq.” The regime that constituted that threat is long gone, and President Obama declared the war over years ago.

It wasn’t long ago that President Obama was a scold about how important it was for Congress to authorize military interventions. It wasn’t long ago that his administration considered the 2001 and 2002 authorizations dated and overly broad, and talked of their repeal. Now, he is happy to sidestep Congress by any legalistic parsing necessary.

Just because the president doesn’t want to push for an authorization doesn’t mean Congress has to stand by the sidelines. Yet that is where it is happy to be. The fight against ISIS will be accompanied by fiery denunciations of the group’s barbarism and ringing statements of resolve. It will include everything, it seems, but a congressional vote of authorization. How pathetic.

Rich Lowry can be reached via e-mail: comments.lowry@nationalreview.com.

More in Opinion

Boats return to the Homer Harbor at the end of the fishing period for the 30th annual Winter King Salmon Tournament on Saturday, March 23, 2024 in Homer, Alaska. (Delcenia Cosman/Homer News)
Opinion: Funding sustainable fisheries

Spring is always a busy season for Alaska’s fishermen and fishing communities.… Continue reading

Gov. Mike Dunleavy holds a press conference on Monday, May 19, 2025, to discuss his decision to veto an education bill. (Jasz Garrett / Juneau Empire file photo)
Opinion: On fiscal policy, Dunleavy is a governor in name only

His fiscal credibility is so close to zero that lawmakers have no reason to take him seriously.

Courtesy/Chris Arend
Opinion: Protect Alaska renewable energy projects

The recently passed House budget reconciliation bill puts important projects and jobs at risk.

Sen. Jesse Bjorkman, R-Nikiski, speaks in support overriding Gov. Mike Dunleavy’s veto of House Bill 69 at the Alaska Capitol in Juneau, Alaska, on Tuesday, April 22, 2025. (Mark Sabbatini/Juneau Empire)
Capitol Corner: Finishing a session that will make a lasting impact

Sen. Jesse Bjorkman reports back from Juneau.

Rep. Justin Ruffridge, R-Soldotna, speaks in support of debating an omnibus education bill in the Alaska House Chambers on Monday, Feb. 19, 2024 in Juneau, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Capitol Corner: Choosing our priorities wisely

Rep. Justin Ruffridge reports back from Juneau.

Sen. Jesse Bjorkman, R-Nikiski, speaks in support overriding Gov. Mike Dunleavy’s veto of House Bill 69 at the Alaska Capitol in Juneau, Alaska, on Tuesday, April 22, 2025. (Mark Sabbatini/Juneau Empire)
Capitol Corner: As session nears end, pace picks up in Juneau

Sen. Jesse Bjorkman reports back from Juneau.

Gov. Mike Dunleavy (R-Alaska) speaks to reporters about his decision to veto an education funding bill at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire file photo)
Opinion: The fight for Alaska’s future begins in the classroom

The fight I’ve been leading isn’t about politics — it’s about priorities.

Dick Maitland, a foley artist, works on the 46th season of “Sesame Street” at Kaufman Astoria Studios in New York, Dec. 15, 2025. (Ariana McLaughlin/The New York Times)
Opinion: Trump’s embarrassing immaturity Republicans won’t acknowledge

Sullivan should be embarrassed by the ignorance and immaturity the president is putting on display for the world to see.

Former Gov. Frank Murkowski speaks on a range of subjects during an interview with the Juneau Empire in May 2019. (Michael Penn / Juneau Empire File)
Opinion: The Jones Act — crass protectionism, but for whom?

Alaska is dependent on the few U.S.-built ships carrying supplies from Washington state to Alaska.

Sockeye salmon caught in a set gillnet are dragged up onto the beach at a test site for selective harvest setnet gear in Kenai, Alaska, on Tuesday, July 25, 2023. (Jake Dye/Peninsula Clarion)
Capitol Corner: Creating opportunities with better fishery management

Sen. Jesse Bjorkman reports back from Juneau.

The ranked choice outcome for Alaska’s U.S. Senate race is shown during an Alaska Public Media broadcast on Nov. 24, 2022. (Alaska Division of Elections)
Opinion: Alaska should keep ranked choice voting, but let’s make it easier

RCV has given Alaskans a better way to express their preferences.