Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
11/18/2015 11:51:06 AM EDT
Is there a way possibly that Congress could go around Obama and commit troops to Syria without needing his authorization?



I know it would never happen, but is it legally possible?
11/18/2015 11:54:10 AM EDT
[#1]
both houses of congress could pass q formal declaration of war, raise armies, and so forth. I believe they could even force the POTUS to prosecute the war. Or remove him for treason.
11/18/2015 11:54:58 AM EDT
[#2]
Eh, not really.

I mean, I suppose they could declare war on IS, which would mean giving them recognition, at least in a way, but said declaration wouldn't force the President to do anything different really.
11/18/2015 11:56:22 AM EDT
[#3]

Quote History
Quoted:


Eh, not really.



I mean, I suppose they could declare war on IS, which would mean giving them recognition, at least in a way, but said declaration wouldn't force the President to do anything different really.
View Quote




 
Congress couldn't appoint a General to command an element to fight in Syria? Or all that still must go through the Commander-in-Chief?
11/18/2015 11:58:13 AM EDT
[#4]
At first blush, I don't think so.

Congress can declare a state of war, but I don't think they can direct any sort of military asset.

I suppose theoretically a POTUS's refusal to engage our military in an officially declared war would probably b a pretty easy case for impeachment.
11/18/2015 11:59:14 AM EDT
[#5]
Quote History
Quoted:

  Congress couldn't appoint a General to command an element to fight in Syria? Or all that still must go through the Commander-in-Chief?
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
Eh, not really.

I mean, I suppose they could declare war on IS, which would mean giving them recognition, at least in a way, but said declaration wouldn't force the President to do anything different really.

  Congress couldn't appoint a General to command an element to fight in Syria? Or all that still must go through the Commander-in-Chief?


From a strict reading of the Constitution, yes, they could appoint a general and raise an army, but A) they would still be under the command of the Commander in Chief, and B) exactly what is a fresh-minted army going to be good for in this day and age?
11/18/2015 12:00:08 PM EDT
[#6]
Quote History
Quoted:


From a strict reading of the Constitution, yes, they could appoint a general and raise an army, but A) they would still be under the command of the Commander in Chief, and B) exactly what is a fresh-minted army going to be good for in this day and age?
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
Quoted:
Eh, not really.

I mean, I suppose they could declare war on IS, which would mean giving them recognition, at least in a way, but said declaration wouldn't force the President to do anything different really.

  Congress couldn't appoint a General to command an element to fight in Syria? Or all that still must go through the Commander-in-Chief?


From a strict reading of the Constitution, yes, they could appoint a general and raise an army, but A) they would still be under the command of the Commander in Chief, and B) exactly what is a fresh-minted army going to be good for in this day and age?


fresh minted armies won just about every war up until Vietnam.
11/18/2015 12:06:44 PM EDT
[#7]
From a practical standpoint they could attach language revoking his "authority" for what he's doing now and attach it to a must pass bill.  When he doesn't sign it, have the balls to do a shutdown while also negotiating. "We'll pull that rider IF you put in ground troops."

That being said, FBHO but I'm not sure ground troops are the answer.  The main problem is the Administration's insistence that Assad has to go.  The White House so loathes foreign policy that once they make a decision, they stick with it regardless of changing circumstances.

So I think a better legislative action would be to forbid the administration from spending ANY money on anything that would topple Assad for, say, 2 years.  Sure, bomb the fuck out of Isis, arm insurgents, but don't choose who to arm based on whether they want Assad gone or not.  It may be stupid idea, but what we are doing now is both stupid AND counterproductive.

And nothing will happen anyway, because the Democrats will not, under any circumstances, go against Obama.
11/18/2015 12:08:17 PM EDT
[#8]
Quote History
Quoted:


fresh minted armies won WWII
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
Quoted:
Quoted:
Eh, not really.

I mean, I suppose they could declare war on IS, which would mean giving them recognition, at least in a way, but said declaration wouldn't force the President to do anything different really.

  Congress couldn't appoint a General to command an element to fight in Syria? Or all that still must go through the Commander-in-Chief?


From a strict reading of the Constitution, yes, they could appoint a general and raise an army, but A) they would still be under the command of the Commander in Chief, and B) exactly what is a fresh-minted army going to be good for in this day and age?


fresh minted armies won WWII


No, no they did not.  Massively expanded armies and navies did though.

A brand new army, in the late 1700s, could be raised, equipped with the weapons of the day, trained in their employment, and sent to the field in relatively short order under relatively inexperienced officers who were well read and educated, and have a fair chance of success.  This is no longer the case, and has not been true since the 1880s in Europe, and the early 20th century in general.  Expanding an existing force is one thing, as the existing force has the training and institutional memory and knowledge to absorb new elements and fit them into the existing structure.  Creating a brand new force out of nothing is a very different proposition, and is not going to result in a force you can readily or effectively use, unless you plan on using it in a manner manifestly contrary to the laws of war.
11/18/2015 12:20:39 PM EDT
[#9]
No. The President is commander-in-chief of the armed forces. Even if Congress declared war they can't force the President to follow any particular strategy.

That's by design. The idea is to make one guy accountable for the outcome. War by a committee with diffuse responsibility would be a disaster.
11/18/2015 12:22:52 PM EDT
[#10]
Quote History
Quoted:
No. The President is commander-in-chief of the armed forces. Even if Congress declared war they can't force the President to follow any particular strategy.

That's by design. The idea is to make one guy accountable for the outcome. War by a committee with diffuse responsibility would be a disaster.
View Quote



See the Battle of France for reference.