Rich Lowry

While other House Democrats were pretending that their nonbinding resolution against the Iraq troop surge was of great import, anti-war champion Rep. John Murtha spoke the truth. It is not "the real vote," he said in a webcast for the left-wing That comes with Murtha's imminent attempt to hamstring President Bush's conduct of the war that may well spark a constitutional crisis.

There is a straightforward way for Congress to end a war: Cut off its entire funding. Congress has the power of the purse, the most important lever of legislative influence in the Anglo-American tradition. But House Democrats don't want to wield this power because they're afraid it will expose them to charges of de-funding the troops. So they are resorting to an unconstitutional expedient instead.

Murtha wants to attach conditions on the impending supplemental appropriations bill to fund the war. He would require that troops have a year at home before redeploying, that they train with their own equipment before deploying and so on. Because the too-small U.S. military is under enormous strain, these conditions would be impossible to meet while still doubling the number of U.S. combat troops in Baghdad.

Murtha repeatedly says in the webcast that his proposals are meant to "protect" the troops. But he is frank about the not-so-ulterior motive of keeping more troops from heading to Iraq, explaining that "they won't be able to do the work." Because his provisions can be sold as guaranteeing the readiness and quality-of-life of the troops, Murtha believes that they "will be very hard to find fault with."

Only if one ignores our constitutional scheme. The president, not Congress, is the commander in chief. Congress was never meant to, nor is it suited to, direct tactical military decisions, as Murtha seeks to do with his restrictions.

Arguably, his maneuver will be the most blatant congressional intrusion on the president's war-making powers in the nation's history. Congress choked off the Vietnam War in the 1970s, but only after U.S. ground troops were mostly already out of the country and chiefly as a matter of cutting off aid to South Vietnam.

Just as disturbing is Murtha's cynical reliance on failure in Iraq as a political strategy. The plan aptly has been described by the Web site as a "slow-bleed" anti-war strategy. The surge is the best chance of turning the war around. By hampering it, Democrats will ensure that the war continues to fail, and thus that domestic political support for it plummets to the point where Democrats feel safe in de-funding it.

Rich Lowry

Rich Lowry is author of Legacy: Paying the Price for the Clinton Years .
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