Posted on 06/18/2011 9:44:46 AM PDT by Meet the New Boss
Over at the Lawfare blog, Jack Goldsmith has some thoughts on the Obama administration’s war powers argument. Whatever you think of the War Powers Act, Goldsmith’s second point is of particular interest:
The Administration argues that its operation is legitimated and limited by the U.N. Security Council Resolution. It does not really explain why it thinks this. But in any event, the “no danger to troops” theory, combined with the heavy reliance on the Security Council Resolution, suggest that the Administration is creating a principle of unilateral presidential war power for U.N.-sponsored interventions from a distance. In practice, this principle will likely favor humanitarian over national security interventions, since the U.N. is more likely to authorize a purely humanitarian intervention than one that has a more obvious U.S. national security interest. So the ambition of the Obama legal theory – or at least its effect – is to carve out a place for presidential war unilateralism for U.N.-sponsored humanitarian wars but not (for lack of a better phrase) national security wars. That ambition (or effect), unsurprisingly, dovetails with the commitments and preferences of some top Obama advisors.
Somewhere Samantha Power is smiling.
Beyond that, this is another big step towards the progressive project of loss of American sovereignty and making the Constitution a dead letter.
This is also another blow aimed at destroying the military. Homosexualizing, feminizing, and making the armed forces a tool of the transnational progressive mission rather than of the US Congress and the American people can only weaken our defense.
BINGO!!!!!!!
I’ve already been banned twice for sharing my thoughts on Obama.
Let’s put aside the warfare argument and remember this: the Congress is where any and all funding measures start for the entirety of the country. Regardless of human impact, the use of munitions against the Libyan army/rebels has a direct impact on the financial purse strings of this country and should thus rely on Congressional approval.
The Founders were smart enough to know that a petty dictator like Obama would eventually try to usurp control. By making war a decision of plurality through Congress, they ensured that both the human and financial impacts of war were considered before being declared.
Obama is in direct contravention of the United States Constitution and SHOULD BE IMPEACHED IMMEDIATELY!
“”I’ve already been banned twice for sharing my thoughts on Obama.””
They must have been POSITIVE thoughts as I can’t imagine reading anything more negative than already posted from other freepers. No love lost for the bozo here and he earned every ounce of it!
It's time for Boehner to man up and send Obama a letter stating that either he directly asks the House for permission to continue the war against Libya, or impeachment proceedings will begin.
I agree. The Supreme Court anyway has said in the past it doesn’t like to rule on things like this since Congress can defend its own territory by threatening impeachment.
This has gotta be nipped in the bud. We just can’t have the president going around starting wars with whatever country he and his UN buddies feel like, the Congress be damned.
Ironically Zero probably could have gotten the OK from Congress if he had asked back in the beginning. Between Reid and Pelosi on the one hand and McCain and Graham on the other pushing to support Obama, he could have gotten majority support in both houses. Especially if he did it back when it looked like Khadafy was on the verge of defeat.
Since Obama believes his authority comes from the UN, Congress MUST act or it will set a dangerous precedent.
You are right. This is about setting the stage for a US obliged to follow a UN Responibility-to-Protect (R2P) action against Israel.
bttt
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