{ "id": "RL33837", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33837", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 346160, "date": "2008-02-27", "retrieved": "2016-04-07T03:38:35.444224", "title": "Congressional Authority to Limit U.S. Military Operations in Iraq", "summary": "On October 16, 2002, President Bush signed the Authorization for Use of Military Force Against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. In April, 2007, however, Congress passed a supplemental appropriations bill to fund the war that contained conditions and a deadline for ending some military operations. The President vetoed the bill, arguing in part that some of its provisions are unconstitutional. The current dispute is centered on whether Congress has the constitutional authority to legislate limits on the President\u2019s authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specific issues include whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers or regulate which soldiers the President may assign to duty in Iraq, and whether an outright repeal or expiration of the authorization for use of military force (AUMF) against Iraq would have any effect.\nIt has been suggested that the President\u2019s role as Commander in Chief of the Armed Forces provides sufficient authority for his deployment of troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in matters of war appear to concede that it is within Congress\u2019s authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an \u201cunconstitutional condition.\u201d The question may turn on whether specific proposals involve purely operational decisions committed to the President in his role as Commander in Chief, or whether they are instead valid exercises of Congress\u2019s authority to allocate resources using its war powers and power of the purse.\nThis report begins by providing background, discussing constitutional provisions allocating war powers between Congress and the President, and presenting a historical overview of relevant court cases. It discusses Congress\u2019s power to rescind prior military authorization, concluding, in light of relevant jurisprudence and the War Powers Resolution, that the repeal of the AUMF, absent the further denial of appropriations or the establishment of a specific deadline for troop withdrawal, would likely have little, if any, legal effect on the continuation of combat operations. The report discusses Congress\u2019s ability to limit funding for military operations in Iraq, examining relevant court cases and prior measures taken by Congress to restrict military operations, as well as possible alternative avenues to fund operations if appropriations are cut. There follows a summary of relevant measures included in the vetoed FY2007 supplemental appropriations bill, H.R. 1591, and the enacted act, H.R. 2206. The report provides historical examples of measures that restrict the use of particular personnel, and concludes with a brief analysis of arguments that might be brought to bear on the question of Congress\u2019s authority to limit the availability of troops to serve in Iraq. Although not beyond debate, such a restriction appears to be within Congress\u2019s authority to allocate resources for military operations.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33837", "sha1": "025f0da388471c23f2bb9993f6aa8578e9909cd7", "filename": "files/20080227_RL33837_025f0da388471c23f2bb9993f6aa8578e9909cd7.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33837", "sha1": "371d9b4feb9f61084b2f898153ee5ad51be341f6", "filename": "files/20080227_RL33837_371d9b4feb9f61084b2f898153ee5ad51be341f6.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816938/", "id": "RL33837_2007Jul11", "date": "2007-07-11", "retrieved": "2016-03-19T13:57:26", "title": "Congressional Authority to Limit U.S. Military Operations in Iraq", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070711_RL33837_074940dac01a5b0583ad9a971b8b0de6409546e5.pdf" }, { "format": "HTML", "filename": "files/20070711_RL33837_074940dac01a5b0583ad9a971b8b0de6409546e5.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805073/", "id": "RL33837_2007Apr24", "date": "2007-04-24", "retrieved": "2016-03-19T13:57:26", "title": "Congressional Authority To Limit U.S. Military Operations in Iraq", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070424_RL33837_fa91cda26c7f22687b6e6c5da2811eb385ff07ac.pdf" }, { "format": "HTML", "filename": "files/20070424_RL33837_fa91cda26c7f22687b6e6c5da2811eb385ff07ac.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc818941/", "id": "RL33837_2007Jan29", "date": "2007-01-29", "retrieved": "2016-03-19T13:57:26", "title": "Congressional Authority To Limit U.S. Military Operations in Iraq", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070129_RL33837_ca8f7cc2aa0837ff6b7d41be4bde9600edca0071.pdf" }, { "format": "HTML", "filename": "files/20070129_RL33837_ca8f7cc2aa0837ff6b7d41be4bde9600edca0071.html" } ], "topics": [] } ], "topics": [ "Appropriations", "Constitutional Questions", "Foreign Affairs", "Intelligence and National Security", "National Defense" ] }