1591 , in part because of measures designed to limit the U.S. military role in Iraq. Congress then passed a new version of the supplemental appropriations bill, H.R. As Congress considers defense authorization and appropriations bills for FY2008, there may be a renewed focus on whether or to what extent Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq. It has been suggested that the President's role as Commander in Chief of the Armed Forces provides sufficient authority for his deployment of additional troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in matters of war appear to concede that it is within Congress's authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an "unconstitutional condition." The question may turn on whether the President's decisions on troop deployment and mission assignment are purely operational decisions committed to the President in his role as Commander in Chief, or whether congressional action to limit the availability of troops and the missions they may perform is a valid exercise of Congress's authority to allocate resources using its war powers and power of the purse. Background

On October 16, 2002, Congress passed and President Bush signed the Authorization for Use of Military Force Against Iraq Resolution of 2002. Early exercises of Congress's war powers may shed some light on the original understanding of how the war powers clauses might empower Congress to limit the President's use of the armed forces. In the 110 th Congress, a number of proposals have been introduced that would repeal or establish an expiration date for the Authorization for Use of Military Force against Iraq Resolution of 2002. The following sections discuss the constitutional authority implicated by a repeal of military authorization, procedural, and other considerations involved in rescinding prior military authorization as compared to limiting appropriations, and the legal effect that a repeal would have on continuing hostilities. However, these measures did not include a deadline for troop withdrawal. Accordingly, it does not appear that the termination of direct authorization to use force, absent additional action such as the denial of appropriations or possibly the inclusion of an unambiguous deadline for troop withdrawal, would be interpreted by a reviewing court as constraining the executive's ability to continue U.S. combat operations. Use of the Power of the Purse to Restrict Military Operations

Congress has used its spending power to restrict the deployment and use of the armed forces in the past. These benchmarks, similar to those that were included in the vetoed H.R. The act provides $70 billion in supplemental appropriations for military activities in Iraq. Congress has ample constitutional authority to enact legislation that restricts the scope of military operations.
On October 16, 2002, President Bush signed the Authorization for Use of Military Force Against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. In April, 2007, however, Congress passed a supplemental appropriations bill to fund the war that contained conditions and a deadline for ending some military operations. The President vetoed the bill, arguing in part that some of its provisions are unconstitutional. The current dispute is centered on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specific issues include whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers or regulate which soldiers the President may assign to duty in Iraq, and whether an outright repeal or expiration of the authorization for use of military force (AUMF) against Iraq would have any effect.
It has been suggested that the President's role as Commander in Chief of the Armed Forces provides sufficient authority for his deployment of troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in matters of war appear to concede that it is within Congress's authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an "unconstitutional condition." The question may turn on whether specific proposals involve purely operational decisions committed to the President in his role as Commander in Chief, or whether they are instead valid exercises of Congress's authority to allocate resources using its war powers and power of the purse.
This report begins by providing background, discussing constitutional provisions allocating war powers between Congress and the President, and presenting a historical overview of relevant court cases. It discusses Congress's power to rescind prior military authorization, concluding, in light of relevant jurisprudence and the War Powers Resolution, that the repeal of the AUMF, absent the further denial of appropriations or the establishment of a specific deadline for troop withdrawal, would likely have little, if any, legal effect on the continuation of combat operations. The report discusses Congress's ability to limit funding for military operations in Iraq, examining relevant court cases and prior measures taken by Congress to restrict military operations, as well as possible alternative avenues to fund operations if appropriations are cut. There follows a summary of relevant measures included in the vetoed FY2007 supplemental appropriations bill, H.R. 1591, and the enacted act, H.R. 2206. The report provides historical examples of measures that restrict the use of particular personnel, and concludes with a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq. Although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations.