(October 26, 2017)
Q1: Several members of Congress have shared that they weren’t aware of U.S. military presence in Niger. What is the appropriate role of Congress in the oversight of foreign troop deployments?
A1: At best, the Constitution is ambiguous about the congressional role in the use of military forces abroad. Under Article I, the Congress is given the power to create a military and to declare its use in wartime. Yet Article II names the president as commander in chief and thus establishes a system whereby the executive and legislative branches share the power to use force. Furthermore, since the mid-twentieth century, the range of military activities outside the strict definition of declared war has broadened dramatically. Although the War Powers Resolution of 1973 requires the president to notify the Congress about combat deployments in a timely manner, notification of deployments under conditions where combat is not anticipated, nor war-like engagements intended, is up to the president’s discretion.