Why Congress Should Be Curtailing War Powers, Not Expanding Them – By Katherine Yon Bright (Common Dreams) / Apr 1 2023
Our Constitution gives Congress, not the president, the constitutional power to declare war.
Last month, the House and Senate Armed Services committees held hearings to discuss the Department of Defense’s legislative asks and priorities regarding U.S. special operations forces. In those hearings, Department officials made clear that one of their top priorities for the upcoming legislative cycle is expanding an obscure security cooperation authority: section 1202 of the 2018 National Defense Authorization Act, which authorizes the U.S. military to work “by, with, and through” foreign partners to counter foreign adversaries like Russia and China.
In advocating for an expansion of section 1202, Department officials have reportedly promised that the authority would be “limited to noncombat operations.” Congress, however, should cast a wary eye on this promise and on the Department’s overarching request for broader authority.
Section 1202 is a provisional authority, in effect through 2025, that permits the Department of Defense to recruit, train, equip, and pay salaries to foreign militaries, paramilitaries, and even private individuals who are supporting U.S. “irregular warfare” operations — defined as “competition . . . short of traditional armed conflict” — against supposed malign state actors. By putting section 1202 partners on payroll, U.S. forces gain the ability to command them, directing them to achieve U.S. military objectives either alongside U.S. forces or in U.S. forces’ stead. As a result, the Department describes its relationship with section 1202 partners as one of “operational control,” and it refers to these partners as “surrogate forces.”
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