Senator Kennedy's Bill to Prohibit Escalation of U.S. Forces in the Iraq Military Conflict

Marty Lederman              

Senator Kennedy is today introducing this legislation, the operative provision of which reads:

Prohibition.--Notwithstanding any other provision of law, no Federal funds may be obligated or expended by the United States government to increase the number of United States forces in Iraq above the number for such forces which existed as of January 9, 2007, without a specific authorization from Congress by law for such an increase.

Comments

[Jack]

if such an act were to rise over a veto or not be vetoed it seems like its effectiveness would hinge on either the nullification of the war powers act by changed circumstances or on legislative power over funding.

if it is the former congress could theoretically not really be withdrawing authority but be pointing out that authority was conditional and no longer exists.

if it were based on the power to withdraw funding, questions about the financial structure of the military would come into play. congress could create a financial rein by funding the military at as tight of intervals as possible and by the structure of its debt, enabling it to choke off funds quickly and to a precise segment if it had the political will to do so.