European Stars And Stripes (Newspaper) - October 10, 1987, Darmstadt, Hesse                                Do to Magazine App How does . Action in persian Gulf fall under War Powers act by Steven v. Roberts new York times hat has happened to the wat Powers act that question is being asked with increasing frequency on Capitol Hill Asho situation in the persian Gull grows More tense. U s helicopter gunships Sank three iranian patrol boo is on thursday after an american chopper was fired upon according to the Pentagon. President Reagan has steadfastly ignored the statute and Congress has failed in All attempts through either legislation or court action to Force his hand. Sen. Dale bumpers an Arkansas Democrat Calls the War Powers and a  sen. Paul s. Triple jr., a Virginia Republican pronounces it a  sen. Lowell p. Weicker jr., a Connecticut Republican says the measure is de Facto  Bui most lawmakers Are not quite ready to Bury a Law that defines the role of Congress in controlling military actions. Sen. Sam Nunn a Georgia Democrat who Heads the armed services committee summed up the prevailing View i think the Law s unworkable but we have a duly to try to make it  several senators Aro drafting a plan to have a commission suggest ways of making the statute More workable. Sceptics argue that Congress always creates a commission when it wants to avoid a Tough Issue but sen. John a Warner a Virginia Republican. Says Only a panel of experts can break the deadlock Between Congress and the White House. A Short term band Aid fix is not enough Warner told the Senate. We need a More permanent Long term solution " the War Powers measure is rooted in a Basic constitutional conflict whereby Congress has the right to declare War while the president is the commander in chief. For 200 years the executive and legislative branches have wrestled with How to share this Power of War and peace. The . Role in Trie Vietnam War convinced Many lawmakers thai their share of Power had badly eroded and in 1073 Congress tried to redress the imbalance Tay passing the War Powers act Over president Nixon s Volo us main provision says that the president Musl report to Congress in All cases when us troops Arn introduced Virtlo to Smilios of into situations where imminent involvement in hostilities is clearly indicated once the report is made the president has 60 Days to withdraw the troops unless Congress authorizes them to stay. The deadline can be extended by 30 Days at the president s request. All Presk feels since Nixon have challenged the constitutionality of the Law and the troop withdrawal mechanism has never been activated. Congress has acted legislatively Only once in the last 14 years to try to orce the president to carry out the Faw. When a Marine contingent landed in Lebanon in 1983. But even then. Congress extended the deadline to 18 months and the marines wore withdrawn Long before a showdown could occur despite its history of impotence Somo lawmakers say the War Powers measure remains an important weapon. Is Mere existence goes this argument forces Congress to debate military decisions oven when the letter of the Law is not obeyed. Ii is a tool to Send a Strong signal to the administration with regard to a Lack of congressional support asserted sen Jim Sasser a Tennessee Democrat who headed a study Mission to the persian Gulf. Ii keeps the pot  some experts say the Law is less useful in Gray areas such As the persian Gull where the . Decision to escort 01 tankers does not fall under usual definitions Tel War. When you get to a real War question such As sending troops to Nicaragua the War Powers act is a powerful instrument in the political process said Fred wer Haimer president of common cause the Public affairs lobby. But there is wide agreement in both branches of government that the persian Gulf crisis has illuminated some serious flaws in the War Powers act and one prime problem is when the measure actually applies. To Many administration critics All double Aboul the Law s relevance were erased in september when a . Helicopter fired on an iranian ship that it said was laying mines. If that s not being involved in imminent hostilities Sasser complained i Don t know what  the administration itself was divided with Howard h. Bakerjr. The while House chief of stall arguing that the Law did apply to the Gull. Bui he was overruled and one senior official said the while House position now is that the situation in the persian Gull does not justify notification under the War Powers  a second major question is this How can to president he forced to abide by the Faw it he chooses to ignore it in Ino Senate an amendment one clog the saturday october 10. 1987 president to invoke the statute failed by a vote of 50 to 41. A Milder version got 54 Voles six Short of the number needed to break a filibuster against if. This failure has loft Reagan s opponents frustrated and keenly aware of the president s advantage in foreign policy. They say Many lawmakers criticize the president but Are reluctant to take responsibility Lor mandating a particular action Weicker a leading advocate of the War Powers acl. Said they re just afraid that something will happen out there that will make the president look right and make them look no  in the House 110 lawmakers have supported a sol in Federal court thai would direct the president to fulfil the Law s requirements. In their View any legislative Eft Orl to Force the president s hand is both futile and damaging to i hair Legal Case. Congress should not have to pass a new Law in order to enforce a Law already on the books said Richard p. Conlon executive director of the democratic study group the organization of Liberal democrats who organized the suit. But senators reply that the lawsuit is equally futile. Since the courts have repeatedly refused to Enlar such disputes Between the executive and legislative branches Many lawmakers also argue that the persian Gulf situation reveals a flaw in the Law s 60-Day deadline for the withdrawal of troops. But they do not agree on the remedy. Some say the deadline is too Short and should be lengthened to give the president More flexibility. Others say the deadline is Loo Long and creates a period of dangerous uncertainly while Congress decides whether to remove the troops Warner also argues Tor changing the provision that allows Congress of orce a withdrawal of troops by simply refusing to act he said the lawmakers should be required to pass a Resolution Over a Velo. If necessary so As to require a withdrawal. A final flaw is thai the Law simply cannot enforce itself. In one dosed Lale night session on Capitol Mili. One senator threw up his hands and complained. It we pass a Bill what do we do Send the sergeant Al arms to the White House to wrestle with the president As a result some lawmakers think the Law should be amended so thai when troops Are ordered withdrawn. The Money to finance them is automatically Cut off. These and Olner thorny questions would Nave to be considered by any commission but a consensus seems to be emerging on two main Points some version of he War Powers a is still necessary but Ito current Stallc is badly m need of revision the stars and stripes Page 13