The War Powers Commission co-chaired by former Secretary of State James Baker and Warren Christopher has proposed that the 1973 current War Powers Resolution be rescinded and be replaced by a War Powers Consultation Act. The rationale is that the legislation which was passed by Congress to avoid undeclared wars entered into by the executive without legislative approval has not worked as intended.

The intent of the 1973 War Powers Resolution was to limit presidential deployment of military forces without congressional approval. The law says that once sent the president must consult with Congress within 48 hours, and unless Congress approves of the use of military force within 60 days or extends the 60-day time limit, the force must be withdrawn.

What is different with this proposed legislation is that it calls for "consultation" between the president and Congress before sending troops into "significant armed conflict," defined as combat lasting more than one week. It creates a Joint Congressional Consultation Committee composed of legislative leaders of both parties which will be provided access to all relevant intelligence the president has. Congress will have to vote up or down within 30 days.

Also the proposed law provides for a cutoff of funds for deployments if disapproved by two-thirds of the House and Senate. I am reminded that attempts by Congress to wind down the Vietnam War and the war in Iraq by withholding finances have not been a successful legislative tool to stop or limit the wars.

In this day and age the executive has the upper hand when determining when to dispatch troops into battle. What has really vitiated the congressional war powers are resolutions which give the executive an open door to deploy military forces at a time of the executive's choosing, i.e. Gulf of Tonkin Resolution, the Gulf War Resolution, the resolution to utilize military force to invade Iraq.

The War Powers Consultation Act is an improvement upon its predecessor. Requiring the executive to consult with congressional leaders within 48 hours of military deployment and a time limit of 30 rather than 60 days for Congress to approve or disapprove the military action brings Congress much closer to influencing and ultimately determining the war's outcome. This legislation does not limit the president's war powers in times of crisis, armed attack and the threat of nuclear warfare. What it does is that Congress's war powers are enhanced in this new age and it avoids the proliferation of presidential declared wars.

Robert N. Wells Jr.

Canton