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James Baker, Warren Christopher and War Powers

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07.10.2008 at 09:49pm

Charlie Rose Show – A conversation with two former Secretaries of State, James Baker and Warren Christopher, about the war powers debate.

National War Powers Commission – Miller Center of Public Affairs

The Miller Center’s National War Powers Commission, co-chaired by former Secretaries of State James A. Baker, III and Warren Christopher, Tuesday recommended that Congress repeal the War Powers Resolution of 1973 and substitute a new statute that would provide for more meaningful consultation between the president and Congress on matters of war. In a report released Tuesday after 13 months of study, the Commission concluded that the War Powers Resolution of 1973 has failed to promote cooperation between the two branches of government and recommended that Congress pass a new statute — the War Powers Consultation Act of 2009 — that would establish a clear process on decisions to go to war. The Miller Center impaneled the National War Powers Commission in February 2007. This bipartisan commission met seven times, interviewing more than 40 witnesses about the respective war powers of the president and Congress.

Put War Powers Back Where They Belong – Baker and Christopher, NYT opinion

The most agonizing decision we make as a nation is whether to go to war. Our Constitution ambiguously divides war powers between the president (who is the commander in chief) and Congress (which has the power of the purse and the power to declare war). The founders hoped that the executive and legislative branches would work together, but in practice the two branches don’t always consult. And even when they do, they often dispute their respective powers. A bipartisan group that we led, the National War Powers Commission, has unanimously concluded after a year of study that the law purporting to govern the decision to engage in war — the 1973 War Powers Resolution — should be replaced by a new law that would, except for emergencies, require the president and Congressional leaders to discuss the matter before going to war. Seventy years of polls show that most Americans expect Congress and the president to talk before making that decision, and in most cases, they have done so.

Ex-Secretaries: New War Powers Policy – Karen DeYoung, Washington Post

The 1973 War Powers Resolution is ineffective, possibly unconstitutional and should be repealed, two former secretaries of state said yesterday in proposing new legislation to govern the war-making powers of the president and Congress. “The rule of law is undermined and is damaged when the main statute in this vital policy area is regularly questioned or ignored,” former secretary James A. Baker III said of the existing law. Baker, along with former secretary Warren Christopher, headed an independent, bipartisan commission that spent the last year examining the issue.

Report Urges Overhaul of the War Powers Law – John Broder, New York Times

Two former secretaries of state, concluding that a 1973 measure limiting the president’s ability to wage war unilaterally had never worked as intended, proposed on Tuesday a new system of closer consultation between the White House and Congress before American forces go into battle. Their proposal would require the president to consult senior lawmakers before initiating combat expected to last longer than a week, except for covert operations or rare circumstances requiring emergency action, in which case consultation would have to be undertaken within three days.

Fixing How We Go to War – David Broder, Washington Post opinion

Just shy of eight years after they squared off in the Florida recount battle, James A. Baker III and Warren Christopher have joined forces to clean up one of the ugly legacies of Vietnam — the misguided piece of legislation called the War Powers Act. Passed in 1973, when Congress was mightily frustrated with the undeclared war in Southeast Asia, that statute is proof of the adage that hard cases make bad law. Cases don’t come any harder than Vietnam, and the War Powers Act has turned out to be one of the worst bills ever to reach the president’s desk and be signed into law.

Repeal the War Powers Act – Michael Barone, US News & World Report opinion

I tend to be cynical about proposals advanced by bipartisan panels of the great and the good. But I’ll make an exception for the National War Powers Commission sponsored by the Miller Center of Public Affairs at the University of Virginia. The commission was chaired by former Secretaries of State James Baker and Warren Christopher and included former Democratic members of Congress Lee Hamilton, John Marsh, and Abner Mikva and former Republican Sen. Slade Gorton (Marsh presumably counts as a Republican, since he served in the Ford White House and was secretary of the Army in the Reagan administration). Other members: Republicans Carla Hills, Edwin Meese, and Brent Scowcroft; Democrats Anne-Marie Slaughter and Strobe Talbott; and retired Adm. J. Paul Reason. In its admirably brief and well-written report, the commission calls for repealing the War Powers Act of 1973 and replacing it with a War Powers Consultation Act that would require the president to consult with a new bipartisan, bicameral Joint Congressional Consultation Committee.

Commission Recommends War Powers OverhaulNational Public Radio

A bipartisan commission is recommending new legislation that would foster more consultation between the president and Congress before the nation goes to war. The proposed legislation would replace the War Powers Act, passed in 1973 by a Vietnam-weary Congress that wanted to check the president’s ability to initiate an unpopular war. Observers of all political persuasions have called the 1973 resolution vague and impractical. The National War Powers Commission, led by former secretaries of state James Baker and Warren Christopher, recommends creating a joint congressional committee with whom the president would have to consult before sending troops into conflict. The full Congress would have 30 days to ratify any military action.

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