The other rebalance

By Lt. Cdr. David Forman, US Navy

Best Defense guest correspondent

Before President Obama’s national security team started their analysis in 2009 that eventually led to the current rebalance to the Asia-Pacific, then-Senator Jim Webb experienced a peculiar event. It was so peculiar that it now helps shape his argument that we need another type of rebalance: one that returns the legislative and executive branches to actual co-equal partners in government.

In December of 2008, Sen. Webb entered a soundproof room to review the Strategic Framework Agreement (SFA) that would shape our long-term relations with Iraq. Though not actually classified, the White House controlled the document as though it was. According to the logbook he signed to enter the room, Sen. Webb was the first member of the legislative branch to review it. The irony of "secretly" reviewing a document that should have been written or thoroughly debated by Congress was not lost on such an experienced public servant.

In his recent article, "Congressional Abdication," in The National Interest, Webb draws attention to three main events he believes indicate Congress is not fulfilling the full range of its responsibilities, including Article I, Section 8 of the Constitution as it pertains to use of the military. First, as mentioned above, the Congress did not play any meaningful role in the development of the SFA agreement with Iraq. Though not an official treaty, the agreement was a unique display of exclusive executive-branch negotiations. Second, and most alarming to Webb, is that the Congress played no part in debating or approving combat operations in Libya in March 2011, a previously unprecedented type of military intervention. And last, the Congress was kept in the dark until the president was ready to sign the strategic partnership agreement with Afghanistan in May 2012.

To be clear, Webb’s remarks at a recent session at the officers of The National Interest began with, "I’m not on a crusade." He is not trying to throw stones in the Congressional arena now that he is on the sidelines. Webb’s goal is to provide an honest and insightful assessment of the current imbalance between the two branches.

After the terrorist attacks on U.S. soil in 2001, the president was understandably afforded great leeway to act. No elected official wanted to be seen as unpatriotic in the aftermath of such a penetrating and deadly assault on American territory. However, the complexity and diversity of pursuant foreign policy issues combined with the perpetual need to fundraise has prevented Congress from digging deep into foreign policy issues and recovering the ground it patriotically sacrificed in 2001.

The path to rebalancing is not easy or entirely clear, but recognition by the president and the Congress, the media, and the American people is a necessary first step. Congressional approval may seem like a nuisance in the pace of today’s political developments, but it is also vitally important. Not only does this process adhere to our laws, it also shows the resolve of the American government and the nation it represents.

Though the eventual solution will take time, the Senate Foreign Relations Committee is a natural focal point to help restore legislative balance to executive branch involvement in foreign policy. The framework for Congressional involvement and genuine oversight still exists, but its members must duly exercise this capability. With American involvement in Afghanistan winding down, issues with North Korea and Iran are most likely front-runners of opportunity for the Congress to reassert its constitutional authorities and work as a co-equal partner to steer our nation through a myriad of upcoming foreign-policy decisions.

LCDR David Forman, USN, is a senior military fellow at the Center for a New American Security. The views presented here are his own and do not represent those of the Navy or the Department of Defense.