Proposed war resolution may spark constitutional showdown

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WASHINGTON (CNN) -- Senate Democrats will pursue a resolution aimed at limiting the role of U.S. forces in Iraq and removing all combat troops there by March 2008, a senior Democratic aide familiar with the proposal said Friday.

The measure seeks to replace the 2002 congressional authorization for military action in Iraq with a more narrowly defined mission, which could set off a constitutional power struggle between Congress and the White House over President Bush's authority as commander in chief of the nation's military.

The White House has made it clear that it would oppose any move to rewrite Congress' 2002 authorization.

Whether Congress can impose such restriction will draw robust debate. Constitutional scholars disagree on whether Congress can dictate to a president when and how he can deploy troops or whether that would impinge on the president's authority as commander in chief.

New language of a draft resolution sponsored by Democratic Sens. Joe Biden of Delaware and Carl Levin of Michigan would narrow and specify the role of U.S. forces to include fighting al Qaeda terrorists, training Iraqi forces and helping Iraq defend its borders, the senior aide told CNN.

Democratic aide: 2002 resolution not 'relevant'

The senior Democratic aide said the reason for repealing the original language is that it is no longer "relevant" to present circumstances in Iraq because "the condition that prevailed when the president was given the authority to invade in 2002 no longer exists."

But White House spokesman Tony Fratto disagreed, citing language in the resolution giving Bush the authority to use U.S. troops to enforce U.N. Security Council resolutions concerning Iraq that are still operative.

Democratic aides concede that at this point, it is unlikely that the Biden-Levin language would muster the 60 votes needed to proceed to a vote under Senate rules. For that to happen, at least 10 Republicans would likely have to support the measure, given that Sen. Joe Lieberman, a Connecticut independent who caucuses with the Democrats, has been a staunch supporter of Bush's Iraq policy.

On February 17, a House resolution opposing Bush's plan to increase U.S. forces by 21,500 in Baghdad and Anbar province was thwarted in the Senate when it garnered only 56 votes, with the support of just seven Republicans.

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