Posted on 06/14/2011 2:03:28 PM PDT by Red Badger
House Speaker John Boehner, R-Ohio, sent President Obama a letter Tuesday afternoon warning him that the operation in Libya will be violating the War Powers Resolution by this Sunday, which marks the 90th day of U.S. military involvement in the country.
Boehner wants "a clear explanation of the legal standing under the War Powers Resolution," that Obama is using to justify continuing the operations behind Sunday.
The letter is below.
June 14, 2011
Dear Mr. President:
Five days from now, our country will reach the 90-day mark from the notification to Congress regarding the commencement of the military operation in Libya, which began on March 18, 2011. On June 3, 2011, the House passed a resolution which, among other provisions, made clear that the Administration has not asked for, nor received, Congressional authorization of the mission in Libya. Therefore, it would appear that in five days, the Administration will be in violation of the War Powers Resolution unless it asks for and receives authorization from Congress or withdraws all U.S. troops and resources from the mission.
Since the mission began, the Administration has provided tactical operational briefings to the House of Representatives, but the White House has systematically avoided requesting a formal authorization for its action. It has simultaneously sought, however, to portray that its actions are consistent with the War Powers Resolution. The combination of these actions has left many Members of Congress, as well as the American people, frustrated by the lack of clarity over the Administration’s strategic policies, by a refusal to acknowledge and respect the role of the Congress, and by a refusal to comply with the basic tenets of the War Powers Resolution.
You took an oath before the American people on January 20, 2009 in which you swore to “faithfully execute the Office of President” and to “preserve, protect and defend the Constitution of the United States.” The Constitution requires the President to “take Care that the Laws be faithfully executed,” and one of those laws is the War Powers Resolution, which requires an approving action by Congress or withdrawal within 90 days from the notification of a military operation. Given the mission you have ordered to the U.S. Armed Forces with respect to Libya and the text of the War Powers Resolution, the House is left to conclude that you have made one of two determinations: either you have concluded the War Powers Resolution does not apply to the mission in Libya, or you have determined the War Powers Resolution is contrary to the Constitution. The House, and the American people whom we represent, deserve to know the determination you have made.
Therefore, on behalf of the institution and the American people, I must ask you the following questions: Have you or your Administration conducted the legal analysis to justify your position as to whether your Administration views itself to be in compliance with the War Powers Resolution so that it may continue current operations, absent formal Congressional support or authorization, once the 90-day mark is reached? Assuming you conducted that analysis, was it with the consensus view of all stakeholders of the relevant Departments in the Executive branch? In addition, has there been an introduction of a new set of facts or circumstances which would have changed the legal analysis the Office of Legal Counsel released on April 1, 2011? Given the gravity of the constitutional and statutory questions involved, I request your answer by Friday, June 17, 2011.
From the beginning, the House of Representatives has sought to balance two equal imperatives regarding Libya which have been in direct contradiction: the House of Representatives takes seriously America’s leadership role in the world; our country’s interests in the region; and the commitments to and from its steadfast allies. At the same time, strong concern and opposition exists to the use of military force when the military mission, by design, cannot secure a U.S. strategic policy objective. The ongoing, deeply divisive debate originated with a lack of genuine consultation prior to commencement of operations and has been further exacerbated by the lack of visibility and leadership from you and your Administration.
I respect your authority as Commander-in-Chief, though I remain deeply concerned the Congress has not been provided answers from the Executive branch to fundamental questions regarding the Libya mission necessary for us to fulfill our equally important Constitutional responsibilities. I believe in the moral leadership our country can and should exhibit, especially during such a transformational time in the Middle East. I sincerely hope the Administration will faithfully comply with the War Powers Resolution and the requests made by the House of Representatives, and that you will use your unique authority as our President to engage the American people regarding our mission in Libya.
Respectfully, John A. Boehner
Just ask anyone in a New York or DC ABC,NBC,CBS,CNN,MSNBC,NPR,Univision,NYTimes or WashPost newsroom.
What's sad is that Boehner and the weak, effete, Republican elite, apparently agree.
Well if you keep passing budget resolutions that still put us 1.4 Trillion over budget for the year, I don't think that is playing Obama very hard at all. They keep givng 0 extensions on the war powers act, that's not excatly stickin' it to the man. I just don't see the RINO leadership doing anything other than "going along to get along"
Since it was passed the totally unconstituional war powers act has been violated by every president who waged war. It’s a joke. Leave it to Bonehead to drift off into irrelevance while the nation racks up yet more debt with no halt to the spending in sight.
I grow weary of the Legislature intimating and threatening action and attempting to at best coerce compliance from the Executive and at worst resent the image of coercing compliance.
I WANT ACTION!!!!
The Executive may or may not comply -so what, issue the damn demand, draw the line in the sand and let the marxist clearly choose which side he is on so that all may see it!
The American people are not stupid, show them!
and you would have them do what?
Shut it down.
While I don't really disagree with that argument it is the law. You cannot just ignore a law because you think it is unconstitutional you must challenge it. If Bambin is so damn sure of himself let's find out and make him defend it.
Bonehead to drift off into irrelevance
He's already irrelevant, he just hasn't realized it yet.
Obama’s foreign policy is designed to weaken the US by turning against our allies and aiding our enemies and to bring the military down by spreading it too thin to survive.
His economic policy is designed to collapse the dollar by creating such a huge debt and Federal monster, we will never be able to get out from under it.
They should impeach him but they won’t. Ole McBackstabber and twinkle toes Lindsay are over in the Senate encouraging Obama to hang the military out to dry.
We are so screwed.
Well, we will see, won’t we. He’ll play “let’s make a deal” with the guy who overstepped his power once again.
I think that they are giving him enough rope to hang himself.
It’s politics and he plays well.
Things are not looking good for Obama. And that is the name of the game.
I think people are more interested in a candidate now that can beat obama, they don’t even care about having the same values.
This is where we need to make sure we have good representatives and pick our own then keep their feet to the fire. Send them letters. Let them know, then watch results, not rhetoric.
We are in the game to win, not look pretty.
Well, when you’ve been burned too many times by the freakin’ people, it gets old FAST.... so yea, we may be a little gun shy. We’re SICK of weak leaders...sick sick sick...
another problem is, when your dealing MARXISTS, you can’t be a nice little pansy.... You’ve gotta have balls and get in front of the American people, and punch the face in of the people trying to destroy us...
Boehner acted like congress doesn’t have near the power obama does... “while I respect your authority”...give me a friggin’ break. How about telling him he’s overstepped his authority and the congress has a check on those powers and darn well plans to use it? For once, JUST ONCE, could we NOT kiss the other side’s behinds?? GOD HELP US, it’s embarrassing!
uh, that says “consults”.....and Boehner admitted Obama consulted with him.... what am I missing?
Shiite.
Whatever, crybaby....
No, he doesn’t care. Would you, if you were in his shoes, and got a letter from “Big John” Boehner?
Weasel word.............
-——Think O cares?——
I find that difficult to answer because it involves him as president and the duty to maintain the power of the President to act. Many believe the war powers act is unconstitutional.
I lack to wisdom to judge. It would seem however that a trivial military engagement would be a better test than a real but bitterly contested war.
That is , better Libya than Vietnam for a test of wills
Gee what is Boehner gonna do? Cry?
Well, maybe just a little................(sniff)............
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