War on Terror: Congress vs. the President?

Pittsburgh Chapter

Speaker:

• David Rivkin, Baker & Hostetler

Speaker:

• David Rivkin, Baker & Hostetler

Some members of the U.S. Congress are attempting to use the "power of the purse" to place restrictions on the use of funds by the Administration in the conduct of the War on Terror. Proposals have taken the form of appropriations language and threatened Congressional resolutions. Various potential restrictions being discussed include an exacting timetable for the withdrawal of U.S. troops, and the imposition of benchmarks and goals with a timeframe for mandatory reports by the President as well as for their ultimate achievement. Critics of the proposed requirements argue that Congress is attempting to micromanage the war, infringing on the President's Commander in Chief authority in violation of fundamental separation of powers principles. Proponents assert that Congress is well within its rights when attaching conditions on the expenditure of appropriated funds. Who has the better argument?

David Rivkin is a partner in Baker & Hostetler's Washington, D.C. office. He is a prolific writer and is widely published on a variety of international, constitutional, defense, foreign policy and energy issues. His articles have appeared in the Wall Street Journal, the New York Times, the Washington Post, the Washington Times, the Los Angeles Times, Foreign Affairs, Foreign Policy, National Interest, Policy Review, the Harvard Journal of Law & Policy and other publications. During the administration of George H. W. Bush, Mr. Rivkin was Associate Executive Director and Counsel of the President's Council on Competitiveness.

Please R.S.V.P. to Dawn Duffy at (412) 562-1575.