Perhaps the toughest decision for any president or Congress is whether to go to war.
Aside from the moral implications and human toll, the Constitution leaves much ground unplowed. The president is commander in chief, but Congress is accorded the power to declare war.
(Last) week, a National War Powers Commission unveiled a proposal to make sure the decision comes after the president and Congress have had detailed discussions. It's a long overdue reform.
In the aftermath of Vietnam, a congressional resolution passed in 1973 now requires the president to notify Congress within 48 hours of committing troops to military action. It also forbids troops from remaining for more than 60 days without an authorization of force or a declaration of war. Most scholars doubt that the 1973 resolution would pass constitutional muster if it were tested.
In place of the 1973 resolution, the commission wants a new law that would explicitly require the president to consult Congress before ordering a "significant armed conflict." The commission defines a "significant armed conflict" as combat operations that last or are expected to last more than a week. The president would have to personally consult with designated congressional leaders, and Congress would be required to act within 30 days to avert stonewalling. ...
The decision to commit U.S. troops to battle deserves this level of presidential and congressional scrutiny.