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Note: The Commission's findings and recommendations were released at a press conference in Washington, D.C. today at 11:00 a.m. ET.
STANFORD.Calif., July 8, 2008—The National War Powers Commission, of which Stanford Law School is a partner institution, today recommended that Congress repeal the War Powers Resolution of 1973 and substitute a new statute that would provide for more meaningful consultation between the president and Congress on matters of war.
The Commission is co-chaired by former Secretaries of State James A. Baker, III and Warren Christopher, a Stanford Law alumnus.
In a report released today after 13 months of study, the Commission concluded that the War Powers Resolution of 1973 has failed to promote cooperation between the two branches of government and recommended that Congress pass a new statute – the War Powers Consultation Act of 2009 – that would establish a clear process on decisions to go to war.
"This statute does not attempt to resolve the constitutional questions that have dominated the debate over the war powers, and does not prejudice the president or Congress their right or ability to assert their respective constitutional war powers," said Baker. "What we aim to do with this statute is to create a process that will encourage the two branches to cooperate and consult in a way that is both practical and true to the spirit of the Constitution."
"We have tried to be as specific as possible in this report and in this legislation," said Christopher. "We have defined the kinds of armed conflict that would be covered by the statute, and have laid out a clear course of action for both the president and Congress that is practical, constructive and deliberative."
The War Powers Consultation Act of 2009:
- Provides that the president shall consult with Congress before deploying U.S. troops into "significant armed conflict" – i.e., combat operations lasting, or expected to last, more than a week.
- Defines the types of hostilities that would or would not be considered "significant armed conflicts."
- Creates a new Joint Congressional Consultation Committee, which includes leaders of both Houses as well as the chair and ranking members of key committees.
- Establishes a permanent bipartisan staff with access to the national security and intelligence information necessary to conduct its work.
- Calls on Congress, to vote up or down on significant armed conflicts within 30 days.
The Miller Center of Public Affairs at the University of Virginia impaneled the National War Powers Commission in February 2007. This bipartisan commission met seven times over 13 months, interviewing more than 40 witnesses about the respective war powers of the president and Congress.
As a partner institution, Stanford Law School provided scholarly expertise, conducted research, and hosted a commission meeting in January 2008. During the meeting the commission heard presentations from Jenny S. Martinez, Associate Professor of Law and Justin M. Roach, Jr. Faculty Scholar, and Allen Weiner, Senior Lecturer in Law.
"Few issues are more important than the one tackled by the Miller Commission, and we at Stanford Law School were delighted to participate," said Stanford Law School Dean Larry Kramer. "We believe the outcome of the Commission's deliberations should and will make an important contribution to the ongoing debate about how best to define the war powers in today's world."
Commission members: Slade Gorton, former U.S. Senator from Washington; Lee H. Hamilton, former Member of Congress from Indiana; Carla A. Hills, former U.S. Trade Representative; John O. Marsh, Jr., former Secretary of the Army; Edwin Meese, III, former U.S. Attorney General; Abner J. Mikva, former Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit; J. Paul Reason, former Commander-in- Chief of the U.S. Atlantic Fleet; Brent Scowcroft, former National Security Advisor; Anne-Marie Slaughter, Dean of the Woodrow Wilson School of Public and International Affairs at Princeton University; and Strobe Talbott, President of the Brookings Institution.
Pulitzer Prize-winning historian Doris Kearns Goodwin served as the Commission's historical advisor. John T. Casteen, III, President of the University of Virginia, and David W. Leebron, President of Rice University, served as ex officio members. John C. Jeffries, Jr., Emerson Spies and Arnold H. Leon Professor of Law of the University of Virginia School of Law, and W. Taylor Reveley, III, Interim President and John Stewart Bryan Professor of Jurisprudence at the College of William & Mary, served as Co-Directors of the Commission.
The James A. Baker, III Institute of Public Policy at Rice University, the Freeman Spogli Institute for International Studies at Stanford University, Stanford Law School, the University of Virginia School of Law, and the William & Mary School of Law served as partnering institutions.
A PDF version of the full report is available on the Stanford Law School website, at www.millercenter.org/warpowers, and on the websites of the other partner institutions:
- Freeman Spogli Institute
- The Baker Institute of Public Policy
- UVA School of Law
- William & Mary School of Law
About Stanford Law School
Stanford Law School is one of the nation's leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, and write books and articles for academic audiences, as well as the popular press. Along with offering traditional law school classes, the school has embraced new subjects and new ways of teaching.
About the UVA's Miller Center of Public Affairs
The University of Virginia's Miller Center of Public Affairs, following Jefferson's vision of the University's public service mission, is a leading public policy institution that serves as a national meeting place where engaged citizens, scholars, students, media representatives and government officials gather in a spirit of nonpartisan consensus to research, reflect and report on issues of national importance to the governance of the United States, with special attention to the central role and history of the presidency.
The Miller Center has convened ten national commissions during the past quarter century, including the Commission on Federal Election Reform in 2001, co-chaired by Presidents Jimmy Carter and Gerald Ford.
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EDITORIAL CONTACTS
Amy Poftak
Stanford Law School
650.725.7516
poftak@law.stanford.edu
Lisa Todorovich
UVA Miller Center of Public Affairs
434.243.4096 (office); 434.409.1327 (cell)
ltodorovich@virginia.edu