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The US Turns Its Eyes to Syria September 4, 2013

Posted by Afflatus in Uncategorized.
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A couple quick thoughts on the impending Syria intervention by the United States:

Over the weekend the President stated that while he has the legal authority to proceed unilaterally and without Congressional approval, he will seek Congressional approval prior to engaging the armed forces in Syria. The legal authority for the President to engage — both from an international law standpoint, and a domestic law standpoint — is very ambiguous, and I would be very curious to read the administration’s legal memos on the subject. But ultimately the gray areas are where law is created, right!? I have written previously about the War Powers Act and the legality of the Libyan operation, so I’ll put this issue aside for now.

Unlike the Libyan operations — where the President did not seek Congressional approval, but Congress attempted (and failed) to assert its authority — the President with Syria is affirmatively seeking authority from Congress. The President argues in his speech that having a national debate, through our Congressional leaders, is the right thing for our democracy. Then he proceeded to lay out the case for why intervention in Syria is a good idea.

Seeking congressional approval is a good thing, whether or not Congress “rubber stamps” the issue, unquestioningly providing the authority to intervene, because it inherently demands that a deeper debate occur. I’m happy to see that this is already happening. Moreover, I would argue that Congress is not merely “rubber stamping” but rather they are providing meaningful checks on the executive: a limit on the duration of engagement to either 2-3 months, no boots on the ground, and the requirement that the President submit to Congress a report detailing U.S. aid to opposition groups in Syria. This is valuable, and it is to Mr. Obama’s credit that he jump-started this debate.

Again, the proposals coming out of Congress lead us back to whether any of this matters because ultimately if the President doesn’t need Congressional authority in the first place, then what meaningful checks can Congress place on the Executive? This is the stuff that gets decided in the court of public opinion. Precedent is being set here, and the judgment of public opinion will affect the “legality” of future interventions. (Precedent was set in Kosovo in 1999 even when President Clinton affirmatively stated that the intervention should not set precedent.)

Lastly, I’ll say that Congressional leaders would do themselves and the institution of Congress well by making sure to come up with reconciled language that authorizes the President to conduct a limited intervention. It’s clear that President Obama is going to intervene on a certain scale. If Congress wants to avoid its authority as an institution from being further undermined, it should produce a reconciled resolution authorizing the use of limited force in Syria, and it should do so fairly quickly.

I’ve yet to address the normative question of whether or not this is actually a good idea. I tend to think a limited intervention in Syria is, in fact, a good idea for the United States and the world. I’m persuaded by the argument that the chemical attack was tragically heinous and the world should not stand idly by. I believe we need to bolster the rule of law in the international community, and I think a small-scale intervention, hopefully with Arab, Asian, and European partners, bolsters a rules-based international regime (though I acknowledge that there are arguments supporting the view that this merely undermines the rule of law internationally). In general, though, I’d rather stay away from this normative question because, ultimately, I am so far from being in a proper position to address this question with any sort of accuracy or informed opinion. For better or worse, foreign policy is a facet of policy-making where we must trust our leaders.

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