With much cheering and high-fiving from the left, Ted "Mind If I Drive Your Daughter Home" Kennedy introduced his Cut the American Troops Off at The Knees bill of 2007. Senate leaders promptly kicked Teddy under the carpet and introduced a non-binding resolution which will not try to limit funds.
Sen. Ted Kennedy is the Senate Democrats' army of one, trying to launch a revolution when they would prefer cordial discussion. Scheduled to discuss health care at the National Press Club, Kennedy uncorked a stemwinder about the Democrats' responsibility to shut down the Iraq war. He is proposing legislation that would prevent the troop surge President Bush will unveil tomorrow night by prohibiting additional troops and additional dollars for it. Kennedy implored his brothers and sisters in Congress to resist the president's specific new plan, and to revive their branch of government—to "reclaim the rightful role of Congress and the people's right to a full voice."
"We have the solemn obligation now to show the American people that we heard their voices," Kennedy thundered. Democrats in Congress must fight Bush with something more than "pale actions, timid gestures and empty rhetoric."
Shortly afterward, across town in the U.S. Capitol, the new Senate Democratic leaders took their place before the microphones just off the Senate floor to put forward their plan: a bipartisan, nonbinding bill called the Pale Action and Timid Gesture Resolution. That wasn't the real name, of course, but it is exactly what Kennedy insisted Congress should not do. Afterward, I asked Sen. Dick Durbin of Illinois what had happened to his own suggestion that Congress limit the number of troops that could fight in Iraq as a way to stop the surge. "That's Senator Kennedy's bill," said the second-highest-ranking Democrat. Yes, but didn't you suggest that troops be limited, I asked? "That's Senator Kennedy's bill." You're on your own, Ted.
Gee, Ted, guess, looks like your pals are treating you like you did Mary Jo Kopechne. About time. Incidentally, Think Progress gives (quite inadvertently, I'm sure) an exact record of the fabulous successes that followed previous Congressional fortes into the Constitutional bailiwick of the Commander in Chief:
December 1970. P.L. 91-652 — Supplemental Foreign Assistance Law. The Church-Cooper amendment prohibited the use of any funds for the introduction of U.S. troops to Cambodia or provide military advisors to Cambodian forces. (Note: Cambodia's eventual death toll, 1.7 million)
December 1974. P.L. 93-559 — Foreign Assistance Act of 1974. The Congress established a personnel ceiling of 4000 Americans in Vietnam within six months of enactment and 3000 Americans within one year. (Note: Vietnam's eventual death toll, at least 165,000 but actually much higher.)
June 1983. P.L. 98-43 — The Lebanon Emergency Assistance Act of 1983. The Congress required the president to return to seek statutory authorization if he sought to expand the size of the U.S. contingent of the Multinational Force in Lebanon. (Note: No casualty figures, but years more civil war and untold numbers killed)
June 1984. P.L. 98-525 — The Defense Authorization Act. The Congress capped the end strength level of United States forces assigned to permanent duty in European NATO countries at 324,400. (Note: We saved France. We're still paying for that).
November 1993. P.L. 103-139. The Congress limited the use of funding in Somalia for operations of U.S. military personnel only until March 31, 1994, permitting expenditure of funds for the mission thereafter only if the president sought and Congress provided specific authorization. (Note: Blackhawk Down. Any questions?)
Yes, they can and have intervened before. It has an appalling record, however.
UPDATE: Others: STACLU, Wake Up America, Ace, Dan Riehl, (Dan is a bit optimistic on the numbers, I think. But he is absolutely correct in one thing. The Democrats do NOT have a mandate to lose this war. And they had better not even go down that road if they do not want a drubbing in 2008.) OTB, Don Surber, Decision '08, TMV, Talk Left, (who deserves to be quoted here):
The bottom line is clear. WHETHER the United States enters war or CONTINUES at war is the exclusive decision of the Congress. Bt the CONDUCT of that specific war, subject to Congress power of military rulemaking (on torture, the UCMJ, the Geneva Conventions, etc.), belongs exclusively to the President.
The Congress' power here seems clear to me. IT can END the Iraq war. But it can not dictate how it is conducted on military questions. That power belongs to the President.
And it has ended disastrously when they have violated that, I think.