BYRD (CONT)

11 terrorist attack. What a cynical twisting of words! The reality is that Congress, exercising the authority granted to it under the Constitution, granted the President specific and limited authority to use force against the perpetrators of the September 11 attack. Nowhere was there an implied recognition of inherent authority under the Constitution to "deter and prevent" future acts of terrorism.

Think for a moment of the precedent that this resolution will set, not just for this President but for future Presidents. From this day forward, American Presidents will be able to invoke Senate Joint Resolution 46 as justification for launching preemptive military strikes against any sovereign nations that they perceive to be a threat. Other nations will be able to hold up the United States as the model to justify their military adventures. Do you not think that India and Pakistan, China and Taiwan, Russia and Georgia are closely watching the outcome of this debate? Do you not think that future adversaries will look to this moment to rationalize the use of military force to achieve who knows what ends?

Perhaps a case can be made that Iraq poses such a clear and immediate danger to the United States that preemptive military action is the only way to deal with the threat. To be sure, weapons of mass destruction are a 20th century horror that the Framers of the Constitution had no way of foreseeing. But they did foresee the frailty of human nature and the inherent danger of concentrating too much power in one individual. That is why the Framers bestowed on Congress, not the President, the power to declare war.
As James Madison wrote in 1793, "In no part of the constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department. Beside the objection to such a mixture to heterogeneous powers, the trust and the temptation would be too great for any one man...."

Congress has a responsibility to exercise with extreme care the power to declare war. There is no weightier matter to be considered. A war against Iraq will affect thousands if not tens of thousands of lives, and perhaps alter the course of history. It will surely affect the balance of power in the Middle East. It is not a decision to be taken in haste, under the glare of election year politics and the pressure of artificial deadlines. And yet any observer can see that that is exactly what the Senate is proposing to do.

The Senate is rushing to vote on whether to declare war on Iraq without pausing to ask why. Why is war being dealt with not as a last resort but as a first resort? Why is Congress being pressured to act now, as of today, 33 days before a general election when a third of the Senate and the entire House of Representatives are in the final, highly politicized, weeks of election campaigns? As recently as Tuesday (Oct. 1), the President said he had not yet made up his mind about whether to go to war with Iraq. And yet Congress is being exhorted to give the President open-ended authority now, to exercise whenever he pleases, in the event that he decides to invade Iraq. Why is Congress elbowing past the President to authorize a military campaign that the President may or may not even decide to pursue? Aren't we getting ahead of ourselves?

The last UN weapons inspectors left Iraq in October of 1998. We are confident that Saddam Hussein retained some stockpiles of chemical and biological weapons, and that he has since embarked on a crash course to build up his chemical and biological warfare capability. Intelligence reports also indicate that he is seeking nuclear weapons, but has not yet achieved nuclear capability. It is now October of 2002. Four years have gone by in which neither this administration nor the previous one felt compelled to invade Iraq to protect against the imminent threat of weapons of mass destruction. Until today. Until 33 days until election day. Now we are being told that we must act immediately, before adjournment and before the elections. Why the rush?

Yes, we had September 11. But we must not make the mistake of looking at the resolution before us as just another offshoot of the war on terror. We know who was behind the September 11 attacks on the United States. We know it was Osama bin Laden and his al Qaeda terrorist network. We have dealt with al Qaeda and with the Taliban government that sheltered it - we have routed them from Afghanistan and we are continuing to pursue them in hiding.

So where does Iraq enter the equation? No one in the Administration has been able to produce any solid evidence linking Iraq to the September 11 attack. Iraq had biological and chemical weapons long before September 11. We knew it then, and we know it now. Iraq has been an enemy of the United States for more than a decade. If Saddam Hussein is such an imminent threat to the United States, why hasn't he attacked us already? The fact that Osama bin Laden attacked the United States does not, de facto, mean that Saddam Hussein is now in a lock and load position and is readying an attack on the United States. In truth, there is nothing in the deluge of Administration rhetoric over Iraq that is of such moment that it would preclude the Senate from setting its own timetable and taking the time for a thorough and informed discussion of this crucial issue.