National Security Is Stronger When Congress Is Involved. Here’s How We Get Back to the Table. – War on the Rocks
In early 2020, former Vice President Mike Pence made a curious argument on social media: According to Pence, Irans top general Qassem Soleimani knew about al-Qaedas plans for the Sept. 11 attacks beforehand and worked to facilitate them. For those of us who have watched the executive branch, administration after administration, expand its authority to make war without congressional authorization, the intent was clear. Pence was trying to tie Iran to the 2001 attacks in order to justify starting a new war with Iran without coming to Congress for authorization first.
This phenomenon, of course, is not new. The entire Vietnam War was fought without an explicit declaration of war by Congress. But today, when the definition of enemies and the parameters of war are harder to define than ever, the pace of executive warmaking has become dizzying. In 2001, Congress passed an Authorization for Use of Military Force against those responsible for the Sept. 11 attacks. Since then, the executive branch has deployed combat-equipped troops to more than 20 countries for counter-terrorism missions and has stretched the logic of that authorization to justify operations in at least seven countries, including Syria, Somalia, and Niger. In not a single one of those deployments was there a comprehensive public debate about the wisdom of the decision.
Other major national security decisions are more frequently being made without public debate. Multi-billion dollar arms sales to oppressive regimes go forward without almost any input from voters. In 2017, President Donald Trump posed for a photo-op with the Saudi crown prince to tout $110 billion in arms sales to the country, even as the Saudi air force was pummeling civilian targets in Yemen. Before that, President Barack Obama presided over a massive scale-up of arms sales to Gulf countries unnerved by the signing of the Joint Comprehensive Plan of Action and Irans regional aggression, without almost any up or down votes in Congress on the sales.
Presidents declare vague national emergencies more frequently than ever giving the executive branch massive, unchecked power. There are at least 123 statutory powers that become available to the president when he declares a national emergency, including a wide-ranging power to impose economic sanctions. Today, there are no fewer than 39 ongoing national emergencies, including those declared in connection with the war in Syria (since 2004); instability in Iraq (since 2003); Russian election meddling, cyberattacks, and aggression against Ukraine; charcoal exports from Somalia; and the use of child soldiers in the Central African Republic.
All of this expanding executive power should worry Americans. It certainly would have worried our founders. Our nations fathers knew that decisions about war and peace, and foreign entanglements, came with such grave consequences that public input was required. That is why the Constitution gave only Congress the power to send American troops to war, and that is why theres a long list of congressional national security powers well before the executive branch ever gets its first mention in our founding document. The writers of the Constitution knew that it was dangerous to give such sweeping authorities to one person.
While both Democratic and Republican presidents have shared the task of expanding presidential emergency powers, the fault for congressional marginalization lies with our body, too. The era of permanent war and non-state antagonists makes declaring war more difficult and nuanced. Avoiding oversight of arms sales is convenient, absolving Congress of backbreaking work and allowing the legislative branch to simply armchair quarterback and provide 20/20 hindsight criticism when deals go wrong. Congress has done a pretty good job of making itself increasingly irrelevant over the years as it regards national security choices.
Congress should start clawing back its constitutional national security prerogatives. This task should start with updating the antiquated statutes that make real the powers given to the legislative branch by the Constitution.
The National Security Powers Act, the first modern, comprehensive outline of Congresss national security powers, is the vehicle by which Congress can rein in this nearly blank check authority. Over the past year, Sen. Mike Lee, Sen. Bernie Sanders, and I have met with advocates, experts, and scholars to craft a sweeping, but achievable, proposal to reset the foreign policy balance between the Congress and the executive branch.
On warmaking, the bill would require that any authorization for the use of force abroad be bound by specific objectives and geographic limits and be re-evaluated after two years. Congress could renew the authorization, but only by a vote of both chambers. If theres a strong case to be made for that war to continue beyond two years, the administration should have to make it to the American public, and Congress should vote on the matter. No more endless wars. This bill replaces the current War Powers Act, closing loopholes long used by the president to circumvent Congress while also forcing members of Congress to stop abdicating its duties and take the tough votes on matters of war and peace.
With respect to arms sales, current law only applies to the biggest weapons transfers and requires Congress to pass a resolution of disapproval through both houses in just 30 days. Thats too limited and cumbersome. It should come as no surprise that Congress has never successfully stopped an arms sale through this process. But the National Security Powers Act would flip the script and require Congress to take a limited number of affirmative votes before the proposed sales could proceed. And we wouldnt need to vote on every sale, just those that pose the highest risks, as in cases where the administration proposes to sell the most lethal or technologically advanced weapons to countries other than our NATO allies, Israel, and key defense partners in the Asia-Pacific region.
Finally, the National Security Powers Act would require that national emergencies be authorized by Congress after 30 days, and that such declarations and the authorities they temporarily confer on the president would have to be renewed annually (with a five-year total limit on states of emergency). To prevent another fake emergency being used to justify taking funds from our troops to construct a wall on the border with Mexico, the National Security Powers Act would also repeal Title III of the National Emergencies Act.
The commander in chief should always have the right to defend the United States and our armed forces under immediate threat of attack. But the country makes better national security decisions as a whole when Congress has a seat at the table. American democracy is stronger for it. President Joe Biden, perhaps more than any president in modern history, understands this. After all, it was Biden who stood up in 2007, after President George W. Bush proposed bombing Iran, and declared: Except in response to an attack or the imminent threat of attack, only Congress may authorize war and the use of force.
Congress should reform a system that gives us endless wars, unlimited arms sales, and ill-advised trade wars that leave America weaker in the world. Members of Congress owe it to the American people to ensure that these consequential decisions to bring American power to bear are made carefully, thoughtfully, and sparingly. Bold legislation like the National Security Powers Act is long overdue.
Sen. Chris Murphy (D-Conn.) is a member of the U.S. Senate Foreign Relations Committee.
Image: U.S. Marine Corps (Photo by Cpl. Jacob Yost)
Read the original post:
National Security Is Stronger When Congress Is Involved. Here's How We Get Back to the Table. - War on the Rocks
- Firing Line with Margaret Hoover kicks off eighth season on PBS with Mike Pence - PR Newswire - July 12th, 2025 [July 12th, 2025]
- Mike Pence Says Trump's Tariff Escalations With US Allies Are Like 'Dismissing Your Front Line In A Football Game' - Benzinga - July 12th, 2025 [July 12th, 2025]
- 'Jeopardizes All Of It': Ex-Mike Pence Aide Knocks Trump Over These 'Confusing' Moves - HuffPost - July 10th, 2025 [July 10th, 2025]
- JD Vance Wonders If Other VPs Had This Much Excitement Social Media Says, Ask Mike Pence - Yahoo News Singapore - June 29th, 2025 [June 29th, 2025]
- "My Respect For VP Pence Continues To Grow": People Are Applauding Mike Pence For Writing A Letter To A January 6 Rioter Who Refused Trump's... - June 28th, 2025 [June 28th, 2025]
- 'Shows your commitment to rule of law': Trump's ex-VP Mike Pence applauds woman who refused pardon for Ja - Times of India - June 28th, 2025 [June 28th, 2025]
- People Can't Believe They Actually Agree With Mike Pence After He Wrote A Letter To A Jan 6 Rioter - BuzzFeed - June 28th, 2025 [June 28th, 2025]
- Mike Pence writes letter to Jan 6 rioter praising her for refusing to take Trumps pardon - MSN - June 28th, 2025 [June 28th, 2025]
- Mike Pence reveals whether he plans to run in 2028 - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- Former Vice President Mike Pence parts ways with Trump on tariff policy - WRAL.com - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence criticizes Trump on tariffs and key foreign policy issues as he watches from afar - NBC News - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence reveals whether he plans to run in 2028 - The Independent - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence warns of risk of Trump accepting a plane from nation linked to Hamas - The Independent - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence ramps up Trump disapproval with 13 words slamming overseas trip - The Mirror US - May 22nd, 2025 [May 22nd, 2025]
- Would former VP Mike Pence ever run for office again? Here's what he said - IndyStar - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence Sounds Terror Alert on Trumps Free Plane - The Daily Beast - May 22nd, 2025 [May 22nd, 2025]
- How Mike Pence says he came to the conclusion he should part ways with Trump - MSN - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence criticizes Trump on tariffs and key foreign policy issues as he watches from afar - Straight Arrow News - May 22nd, 2025 [May 22nd, 2025]
- Trump's Middle East Trip Draws Rare Praise From Mike Pence As 'Very Successful' For US Economy Amid 'Historic' Boeing Deal: 'That'll Really Support... - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence says Trump tariffs were the largest peacetime tax hike in U.S. history - MSN - May 22nd, 2025 [May 22nd, 2025]
- Mike Pence Says This Trump Policy Could Kill The American Dream - HuffPost - May 11th, 2025 [May 11th, 2025]
- Mike Pence receives award for defending democracy from Trump without mentioning his name - MSN - May 11th, 2025 [May 11th, 2025]
- Former Vice President Mike Pence urges President Trump and congressional Republicans not to raise taxes on wealthy Americans - Fox News - May 11th, 2025 [May 11th, 2025]
- Mike Pence rebukes Trump over tariffs and wavering support for Ukraine - The Guardian - May 11th, 2025 [May 11th, 2025]
- Mike Pence Finally Goes Scorched Earth on Trump and His Agenda - The Daily Beast - May 11th, 2025 [May 11th, 2025]
- Former Vice President Mike Pence honored by Kennedy family in receiving the JFK 'Profile in Courage Award' - Fox News - May 11th, 2025 [May 11th, 2025]
- Mike Pence: Keeping toys affordable is part of the American dream - CNN - May 11th, 2025 [May 11th, 2025]
- Mike Pence eloquently carves up Trump and MAGA with the precision of a surgeon - NJ.com - May 11th, 2025 [May 11th, 2025]
- Mike Pence Is Too Scared to Mention Trump While Picking Up Courage Award - The Daily Beast - May 11th, 2025 [May 11th, 2025]
- Mike Pence speaks out about January 6 Capitol attacks while receiving the JFK Profile in Courage Award - Fast Company - May 11th, 2025 [May 11th, 2025]
- EDITORIAL | Profile in Courage: Mike Pence stood tall in defense of the Constitution - Texarkana Gazette - May 11th, 2025 [May 11th, 2025]
- Mike Pence issues damning 7-word assessment as he turns on Trump in bombshell interview - Irish Star - May 11th, 2025 [May 11th, 2025]
- Mike Pence Pushes Back on Trump's Assertion That Young Girls Only Need '2 or 3' Dolls: 'Really Part of the American Dream' - Latin Times - May 11th, 2025 [May 11th, 2025]
- 'America's best days yet to come...,' Mike Pence quotes JFK as he received Profile in Courage Award - The Economic Times - May 11th, 2025 [May 11th, 2025]
- Mike Pence Rejects Trumps Tariffs: They Will Hurt the Economy and Consumers - La Voce di New York - May 11th, 2025 [May 11th, 2025]
- Opinion | Mike Pence: What the 47th President Can Learn From the 45th - WSJ - April 30th, 2025 [April 30th, 2025]
- Mike Pence has message for Trump just days after ripping the president and angering MAGA - PennLive.com - April 10th, 2025 [April 10th, 2025]
- Former US VP Mike Pence: Providing Ukraine with means to defend itself is an imperative for the entire West - All Israel News - April 10th, 2025 [April 10th, 2025]
- Mike Pence Reacts to Trump's Pivot on Tariffs - MSN - April 10th, 2025 [April 10th, 2025]
- Mike Pence to receive JFK Profile in Courage Award for actions during January 6 insurrection - CBS News - April 10th, 2025 [April 10th, 2025]
- Mike Pence has spent the week making Trump fans and the MAGA world mad - PennLive.com - April 10th, 2025 [April 10th, 2025]
- And the JFK Library Profile in Courage Award goes to: Former VP Mike Pence - MassLive - April 10th, 2025 [April 10th, 2025]
- Mike Pence to get JFK Profile in Courage Award for certification of 2020 election - The Independent - April 10th, 2025 [April 10th, 2025]
- Mike Pence to receive JFK profile in courage - news8000.com - April 10th, 2025 [April 10th, 2025]
- Mike Pence to Receive JFK Profile in Courage Award - The Well News - April 10th, 2025 [April 10th, 2025]
- Mike Pence to get JFK Profile in Courage Award for certification of 2020 election - MSN - April 10th, 2025 [April 10th, 2025]
- Mike Pence to receive JFK Profile in Courage Award - Irish Star - April 10th, 2025 [April 10th, 2025]
- Former US VP Mike Pence: Like Israel, the US should give Taiwan 'the ability to defend herself by herself' - All Israel News - April 1st, 2025 [April 1st, 2025]
- President Donald Trump delivers his State of the Union address to a joint session of Congress on Capitol Hill in Washington, as Vice President Mike... - March 5th, 2025 [March 5th, 2025]
- In Trumps Washington, Mike Pence Is Odd Man Out - The Dispatch - February 27th, 2025 [February 27th, 2025]
- People Are Genuinely Stunned They Agree With Mike Pence's Ukraine Tweet - Yahoo - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence aims to be 'constructive force' during Trump's second term while willing to challenge him - Fox News - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - The Associated Press - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence criticizes President Trump for saying Ukraine started war with Russia - IndyStar - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence lashes out, but most Republicans mum as Trump savages Ukraine and Zelensky - The Independent - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - Niagara Gazette - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence lashes out schools Trump on who started the Ukraine-Russia war - Boing Boing - February 23rd, 2025 [February 23rd, 2025]
- All those to speak out against Donald Trump as Mike Pence rallies against former boss - Evening Standard - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump - Mon Valley Independent - February 23rd, 2025 [February 23rd, 2025]
- Incensed Mike Pence Slaps Down Trump Over His Sucking Up to Putin - MSN - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - LPHeraldDispatch.com - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - WPLG Local 10 - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - HubcitySPOKES.com - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence emerges as one of the few Republicans willing to challenge Trump 2.0 - Oil City Derrick - February 23rd, 2025 [February 23rd, 2025]
- Mike Pence Revives Trump Tirades Against RFK Jr. in New Ad - The Daily Beast - February 1st, 2025 [February 1st, 2025]
- Mike Pence Shares Brutal Video Montage of Trumps Own Words on RFK Jr. - The New Republic - February 1st, 2025 [February 1st, 2025]
- Mike Pence Takes Aim at Donald Trump: 'Deviated From This Record' - Newsweek - February 1st, 2025 [February 1st, 2025]
- Mike Pence Shares Brutal Video Montage of Trumps Own Words on RFK Jr. - Yahoo! Voices - February 1st, 2025 [February 1st, 2025]
- Opinion | Mike Pence Hits the Hong Kong Target - The Wall Street Journal - January 26th, 2025 [January 26th, 2025]
- Mike Pence Back on the Scene as His Group Moves to Undermine Trump - MSN - January 26th, 2025 [January 26th, 2025]
- Mike Pence to attend inauguration - ABC7 Los Angeles - January 26th, 2025 [January 26th, 2025]
- Mike Pence arrives at Capitol before Trump inauguration - CBS News - January 22nd, 2025 [January 22nd, 2025]
- Mike Pence Will Reportedly Attend Trump's Inauguration: What We Know - Newsweek - January 22nd, 2025 [January 22nd, 2025]
- Mike Pence to Trump: cutting Taiwan support would likely spark a new nuclear arms race - The Guardian - January 22nd, 2025 [January 22nd, 2025]
- Mike Pence booed by crowd as former presidents enter Capitol Rotunda - FOX 5 DC - January 22nd, 2025 [January 22nd, 2025]
- Rachel Maddow Admits Mike Pence's Wife Refusing to Stand for Trump at President Carter Funeral Is Marriage Goals - TheWrap - January 22nd, 2025 [January 22nd, 2025]
- Bill and Hillary Clinton and Mike Pence BOOED by MAGA fans as they enter the Capitol Rotunda - Daily Mail - January 22nd, 2025 [January 22nd, 2025]
- Mike Pence makes shocking U-turn on Donald Trump support despite being branded as 'disloyal' - Daily Mail - January 22nd, 2025 [January 22nd, 2025]
- Mike Pence makes brutal 'arms race' warning to Donald Trump - Irish Star - January 22nd, 2025 [January 22nd, 2025]
- Ex-Mike Pence Aide Olivia Troye Says Kash Patel Threatened to Sue Her for Calling Him a Delusional Liar on MSNBC - Yahoo! Voices - December 5th, 2024 [December 5th, 2024]