Who’s Watching the Watchmen? Congressional Oversight of Irregular Warfare
Aug 25, 2023
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Dr. Oo, an expert in irregular warfare and congressional oversight, discusses the complexities and gaps in oversight of irregular warfare. Topics include failures of congressional oversight, challenges with the War Powers Resolution, and the need for sunset requirements for military force authorizations. Explore the challenges of congressional oversight in irregular warfare, including program distinctions, lack of visibility, and defining hostilities.
There are challenges in congressional oversight of modern warfare due to blurred lines between Title X and Title 50 operations and limited communication between committees responsible for oversight.
War powers reform is crucial to ensure proper oversight of military operations and the preservation of democratic principles.
Deep dives
Challenges of Congressional Oversight in Modern Warfare
Congressional oversight of modern warfare presents significant challenges due to the complexities and blurred lines between Title X (Armed Services) and Title 50 (Intelligence) operations. Oversight structures are hindered by a lack of shared information and limited communication between various committees responsible for different aspects of oversight. The ambiguous language of the Authorization for Use of Military Force (AUMF), passed after 9/11, has been stretched to cover counterterrorism operations far beyond its original intent. The executive branch's broad interpretation of the AUMF has led to ongoing military operations without clear congressional approval. The lack of sunset provisions and the absence of defined terms like 'hostilities' further complicate congressional oversight. Reforms, both legislative and internal to Congress, are necessary to ensure proper oversight and accountability in modern warfare.
Implications for Professionals, Practitioners, and Elected Officials
The challenges highlighted in this discussion have key implications for professionals, practitioners, and elected officials. Professionals and practitioners should be aware of the blurred lines between Title X and Title 50 operations, as well as the potential competition and lack of information sharing between different agencies and committees. They should also recognize the need for clearer definitions and constraints on military operations, as well as the importance of congressional oversight in preserving democratic principles. Elected officials should take note of the urgent need for war powers reform, including defining hostilities, setting sunset provisions for authorizations, and promoting internal reforms within Congress. Additionally, they should prioritize the role of the judiciary in ensuring the balance of powers and upholding the law.
The Role of War Powers Reform and Congressional Reforms
War powers reform is crucial in addressing the challenges of modern warfare. Suggestions for reform include defining hostilities, incorporating sunset provisions for authorizations, and promoting internal reforms within Congress. These steps would help Congress assert its constitutional authority and ensure proper oversight of military operations. Additionally, enhancing information sharing and communication between different agencies and committees, as well as creating a congressional national security council, can improve coordination and understanding of military operations. Elected officials must recognize their responsibility in enacting these reforms and ensuring the separation of powers is upheld.
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Irregular warfare, by its nature, includes activities that distinguish it from those traditionally conducted by conventional forces. But if congressional oversight is designed with the latter in mind, does this create gaps in oversight of irregular warfare? If so, what can Congress do to address the problem? Our guests on this episode are Dr. Oona Hathaway, director of the Yale Law School Center for Global Legal Challenges, and Dr. Thomas Campbell, professor at Chapman University’s Dale E. Fowler School of Law and a former member of Congress. They discuss the complexities of the congressional Authorization for the Use of Military Force, the unique considerations surrounding Title 10 and Title 50 activities, and the responsibilities of various committees in overseeing these actions. They conclude by sharing their insights on what this means for both practitioners and policymakers.