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Obama's Libyan Authority
DavidRivkin.com, WashingtonPost.com ^ | 3/25/2011 | David B. Rivkin Jr. and Lee A. Casey

Posted on 03/25/2011 1:47:36 PM PDT by dont_tread_on_malik

U.S. airstrikes against Libya have reignited the perennial debate over whether the president can launch military operations without first securing congressional approval. The answer is found in the Constitution’s text and history, and it must be the same regardless of the president’s political party. Those Republicans accusing President Obama of exceeding his legitimate authority should consider whether they would make the same claims if a Republican were president, as many Democrats previously have done.

The Constitution’s Framers deliberately divided war powers between the president and Congress. As commander in chief, the president has the authority to determine when and how U.S. forces are used. Congress, on the other hand, has the power to raise, support and make rules governing the armed forces, and to determine how much is to be spent in war or peace. Individual officers can be appointed only if the Senate approves, and only Congress can declare war. The debate over the president’s use of force without congressional authorization focuses on this provision.

When the Constitution was adopted, the power to “declare war” was not equivalent to permitting the use of military force.

(Excerpt) Read more at davidrivkin.com ...


TOPICS: Business/Economy; History; Military/Veterans; Society
KEYWORDS: libya; military; obama; terrorism
No thank you!
1 posted on 03/25/2011 1:47:39 PM PDT by dont_tread_on_malik
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To: dont_tread_on_malik
When has the Clown Prince ever given a crap about our Constitution. He is a loose cannon who thinks he can do any damn thing he wants because he's the prez.

Completely bypassing Congress on this issue, and potentially placing US military people in harm's way, should be an impeachable offense. This and any number of other egregious offenses he has committed over the last 2+ years. Could you imagine the lynch mobs outside the White House if W pulled one tenth the stunts Obama-lama-ding-dong has pulled? Mobs, torches, pitchforks, and a horse and lots of rope would have been awaiting him. But no, our affirmative action assclown gets a pass because he has the lamestream media running interference for him. No matter how bad he F's up, they will cover for him.

2 posted on 03/25/2011 1:59:47 PM PDT by NWFLConservative
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To: dont_tread_on_malik; NWFLConservative

After dithering for weeks about Libya, Obama directed the use of military force, but never allowed Congress to debate the concerns most often expressed, and to consider a resolution. Given he began the whole process with the precondition that it would be a multi-lateral action; there was never a reason not to pursue discussions ending in parallel Congressional action. For Iraq, every initiative authorizing military force began with a U.N. resolution, was pursued with concurrent Congressional action and was confirmed by Congressional authorization.


3 posted on 03/25/2011 2:14:41 PM PDT by Retain Mike
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