A couple of days before the 2016 presidential election, U.S. Rep. Jim Himes, D-4th District, said that Congress would need to reclaim its "war-making authority" if Donald Trump was elected president.

On Monday, Himes introduced legislation that would cut off funding for the "introduction of U.S. armed forces into hostilities" unless there has been a declaration of war by Congress, congressional authorization for the use of military force or a national emergency such as an attack on the U.S. or its armed forces.

Himes' Reclamation of War Powers Act would also repeal the two current congressional authorizations; one from 2001, passed in the wake of the Sept. 11 attacks, and the other from 2002 that allowed the ground invasion in Iraq.

The Constitution grants Congress the power to declare and fund wars, but in the years following 9-11, "we have ceded that power more and more to the President to the point where, now, we operate in state of perpetual pseudo-war where neither the executive or Congress is ultimately responsible. That has to end," Himes said in a news release announcing the bill.

In a phone interview Monday morning, Himes said he has thought, for a long time, that Congress "should be reasserting its constitutional authority."

"This seems to be the moment because President-elect Trump has no foreign policy experience. He's blustery and unpredictable," he added.

Himes' bill will likely face hurdles in the new Congress with an even greater Republican majority. A similar bill, introduced by U.S. Rep. Chris Gibson, a Republican and retired Army colonel who represents New York's 19th District, failed to pass at least twice, most recently in 2013.

"Since this is going to be regarded as a hindrance to Donald Trump, my guess is my Republican friends are going to be a little shy about it," Himes said.

That may change if they see a lot more "erratic behavior" from him, he added.

Given that the current legislative session ends Friday, Himes said he was introducing the bill Monday and then will work to find cosponsors and garner support for it once the new session starts.

Since the administration of George Washington, Congress and the president have only officially declared war 11 times, and since the administration of John Adams they have authorized the use of force just 12 times, according to a 2014 report from the Congressional Research Service.

Himes' bill would require the president, when requesting a declaration of war or congressional authorization, to issue a report "outlining the threat faced, the objectives and justifications of the conflict and a description of the anticipated scope and duration of the action."

Congressional approval sends a strong message to the rest of the world, Himes said, that "we've had a robust discussion amongst the people's representatives and support it." 

"It sends a signal that didn't exist when President (Barack) Obama unilaterally went into Libya," he added.

A resolution, led by the Obama administration and passed by the United Nations Security Council in March 2011, authorized military intervention in Libya. Obama said at the time that the goal was to protect the people there from the Moammar Gaddafi regime, but later said failing to prepare for the aftermath of ousting the Libyan dictator was the worst mistake of his presidency.

The Office of Legal Counsel of the U.S. Department of Justice issued a memo saying that Obama "had the constitutional authority to direct the use of military force in Libya because he could reasonably determine that such use of force was in the national interest."

"Prior congressional approval was not constitutionally required to use military force in the limited operations under consideration," the memo says.

The president is required, under the War Powers Act, in "every possible instance" to consult with Congress "before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstance."

Trump will need approval for a number of his proposals such as repealing the Affordable Care Act and building a wall on the U.S.-Mexico border, but "the tradition is now such that we could all wake up and the 82nd Airborne (Division) could be in a country we've never heard of," Himes said.

Trump's campaign website says that "peace through strength" is the centerpiece of his foreign policy vision. He wants a buildup of the military, including a bigger Navy. He has long talked about a plan to defeat the Islamic State but said he had to keep his plan a secret to prevent the enemy from finding out. Later, he said it was so his opponents wouldn't steal his plan.

At a Sept. 6 campaign rally in Greenville, N.C., Trump said, "So we're going to convene my top generals and give them a simple instruction: They will have 30 days to submit to the Oval Office a plan for soundly and quickly defeating ISIS."

About a month earlier, in delivering a speech on fighting "radical Islamic terrorism," Trump said that his administration "will aggressively pursue joint and coalition military operations to crush and destroy ISIS, international cooperation to cutoff their funding, expanded intelligence sharing, and cyberwarfare to disrupt and disable their propaganda and recruiting."

"Military, cyber and financial warfare will all be essential in dismantling Islamic terrorism," he said.

j.bergman@theday.com