Posted on 06/17/2011 10:22:52 AM PDT by John Semmens
The Obama Administration rejected contentions that the attacks on Libya that he authorized beginning in March must conform to rules laid down by the 1973 War Powers Act.
“The intent of the War Powers Act was to restrain then President Nixon from abusing his authority,” State Department legal adviser Harold Koh argued. “Ultimately, it was his abuse of Presidential powers that led to his impeachment and resignation. That crisis has passed. The War Powers Act is no longer needed.”
Aside from the alleged “narrow historical applicability” argument, Koh also parsed the phrasing of the Act. “Strictly speaking, the War Powers Act bars a President from engaging in ‘hostilities’ without the approval of Congress,” Koh said. “Hostility was no part of the President’s motivation in ordering US forces to bomb targets in Libya. On the contrary it was his concern for the well-being of the Libyan people that guided his decision.”
The Administration’s case got bi-partisan support from Senators John McCain (R-Ariz) and Lindsey Graham (R-SC). “The threat that the War Powers Act was designed to thwart is gone,” Graham agreed. “There’s no need to tie President Obama’s hands with an obsolete statute.” Meanwhile, Senator McCain claimed that “the Constitution gives the President, as Commander-in-Chief, the unconstrained authority to deploy US military forces wherever and whenever he deems it warranted.”
On the other hand, Louis Fisher, a constitutional law expert at the Library of Congress, contends that President Obama’s Libyan adventure is without proper authority and constitutes a “very grave offense” that is “worthy of impeachment should Congress elect to enforce its Constitutional prerogative over the power to declare war. The failure of Congress to enforce this prerogative is tantamount to its acquiescence to an ‘imperial’ Presidency with unconstrained war-making powers. It’s a replay of how Rome morphed from a republic into a dictatorship.”
read more...
http://azconserv1.wordpress.com/2011/06/17/president-rejects-need-for-congressional-approval-of-libyan-military-operation/
Impeach the sOb!! ;^)
Correct ... if he can’t follow the law, then impeach him. And if the republicans there now won’t do it, then we’ll replace them until we find people who have the courage to uphold the law!
This statement suggests that the break-in at the Watergate and the ensuing cover-up attempt constituted a war unauthorized by Congress by the President on the Democratic Party.
Somehow I don’t think the Nixon experience is any kind of precedent in the case. After all, he inherited the Vietnam War from the Democrats and always had congressional support (they did vote funds to prosecute it, which could be considered to be tacit support even without an overt declaration of war).
ping
You’ll get 20 with this one John.
Der Fuhrer has spoken for his caliphate community organizing.
The bastard is giveing Israel and western civilization no choice. He has changed the war trajectory immensely. All he has to do is finish Libya as a gift to the MB.
WOW! What a pResident of the US of A!
...casting us into harms way.
Boehner? Boehner wherefore art though dear Speaker? Cue the crickets. Oh wait I forgot he has an upcoming golf date with The Fuhrer. He’ll undoubtedly get it all squared away then.
How did my name get back on your ping list? I had asked to be removed.
He must have been a great roshambo player.
I particularly enjoyed this: it was his concern for the well-being of the Libyan people that guided his decision.
It comes full circle to the fictional character "Dr. Strangelove" and his realization in insanity that we must "love the bomb" for the bomb is love, and we only bomb those we love.
Well done.
President rejects DOMA enforcement.
President rejects need for Congressional approval on Libya.
President rejects government’s role in “Gunwalker”.
President rejects need for Nov. 2012 elections.
President rejects...
“You’ll get 20 with this one John.”
Easily.
Good one John. Waiting to see how many get the Nixon impeachment act.
You never cease to amuse me!
Devious writing here. It’ll definitely trick plenty.
Grouchy for not wanting to be pinged? Really?
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