Jon Kyl: “Our amendment makes clear that the goal of our Armed Forces is to have the kind of time in theater and dwell times that…”

“Our amendment makes clear that the goal of our Armed Forces is to have the kind of time in theater and dwell times that our military has sought to achieve and that are sought to be achieved by the amendment but that it is a goal rather than an absolute fixed requirement that becomes the policy of the U.S. military determined by congressional action. The reason for that is twofold. By mandating a certain policy for deployment time or dwell time, the Congress is engaged in the most explicit micromanaging of what is obviously a function for the Commander in Chief and military commanders to perform. The deployments of troops are clearly Commander in Chief obligations and responsibilities. This is not something Members of Congress are knowledgeable about or would have the ability to dictate in any responsible fashion. As a result, for us to adopt a mandatory policy here would be the height of micromanagement. It also, of course, would be unconstitutional.”