The results of the 2006 midterm elections have emboldened critics of the war on terrorism. These critics seek to promulgate policies and pursue investigations that would lessen our military’s ability to succeed on the battlefield. Gutting the Military Commissions Act of 2006 is high on their agenda. Sen. Christopher Dodd, D-Conn., has already introduced legislation that would largely accomplish that task.
This would be a mistake. The Military Commissions Act represents the agreement of the president and Congress, the political branches charged by our Constitution to conduct war, on anti-terrorism policies ranging from detention to interrogation. While the act fulfills Congress’ oversight role, it explicitly acknowledges that decisions about how to conduct war are reserved for the commander in chief.
