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Democrats catching impeachment fever? Obama's actions in Libya Unconstitutional.
Hotair ^ | 03/20/2011 | Ed Morrisey

Posted on 03/20/2011 5:15:32 PM PDT by SeekAndFind

If nothing else, Dennis Kucinich is consistent. He wanted to push articles of impeachment against George W. Bush and Dick Cheney over the Iraq war, which his own party’s leadership squelched in the summer of 2008 — when Bush’s term had all but expired anyway. Kucinich and John Conyers instead had to settle for “impugnment hearings,” which one witness called “slightly demented.”

Now we have another military action from another president, this one without the cover of a Congressional authorization to use military force, and Kucinich wants to crank up the impeachment process, pun most certainly intended:

A hard-core group of liberal House Democrats is questioning the constitutionality of U.S. missile strikes against Libya, with one lawmaker raising the prospect of impeachment during a Democratic Caucus conference call on Saturday.

Reps. Jerrold Nadler (N.Y.), Donna Edwards (Md.), Mike Capuano (Mass.), Dennis Kucinich (Ohio), Maxine Waters (Calif.), Rob Andrews (N.J.), Sheila Jackson Lee (Texas), Barbara Lee (Calif.) and Del. Eleanor Holmes Norton (D.C.) “all strongly raised objections to the constitutionality of the president’s actions” during that call, said two Democratic lawmakers who took part.

Kucinich, who wanted to bring impeachment articles against both former President George W. Bush and Vice President Dick Cheney over Iraq — only to be blocked by his own leadership — asked why the U.S. missile strikes aren’t impeachable offenses.

Kucinich also questioned why Democratic leaders didn’t object when President Barack Obama told them of his plan for American participation in enforcing the Libyan no-fly zone during a White House Situation Room meeting on Friday, sources told POLITICO.

Technically, of course, Kucinich and other progressives are correct in that the Constitution doesn’t allow for Presidents to initiate military action without the involvement of Congress unless an immediate threat to American national security arises, the “clear and present danger” exception. One Constitutional scholar put it best in 2007:

The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

We’d get a clarification from this source to determine whether this applies to the current situation, but he’s traveling through South America at the moment and isn’t terribly engaged on this issue.

Traditionally, though, consultations with Congress have sufficed in the past. For instance, Congress didn’t specifically authorize Ronald Reagan to attack Libya in 1986 in Operation El Dorado Canyon, a retaliation for a terrorist bombing that killed American troops in Germany at a nightclub. Reagan consulted Congressional leadership before ordering the attack, an act of war by any definition. Presidents have conducted similar military actions without formal acts of Congress to authorize them, meaning it has a long precedent, even if it’s not necessarily a good idea. According to the report and Kucinich’s own objection, Obama did consult Congress before engaging in Operation Odyssey Dawn.

It’s certainly amusing in a small manner to see Obama get hoist with his own petard, but Kucinich is just as silly as ever in suggesting that impeachment proceedings should start over that action. Now, if we want to ask whether Obama should get called to Congress to account for his absence from the White House as he sent the American military into hostile action against Libya, that might be worth highlighting.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: California; US: District of Columbia; US: Maryland; US: Massachusetts; US: Michigan; US: New Jersey; US: New York; US: Ohio; US: Texas
KEYWORDS: districtofcolumbia; eleanorholmesnorton; fatchance; impeachment; kucinich; libya; noway; obama; republicanswillsayno; wonthappen
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1 posted on 03/20/2011 5:15:35 PM PDT by SeekAndFind
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To: SeekAndFind

Yeah, we’ll see just how long their outrage lasts. Remember, these people think criticizing Obama means you are a racist, so I don’t expect their complaints to last long or be that boisterous.


2 posted on 03/20/2011 5:18:08 PM PDT by bcr100
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To: SeekAndFind

I think that the list of things that Stroker has done that ARE constitutional would take up less space.


3 posted on 03/20/2011 5:19:54 PM PDT by Howie66 (I can see November (2012) from my house.)
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To: SeekAndFind

They are jumping on the chance to get rid of the guy....and why wouldn’t they?


4 posted on 03/20/2011 5:22:19 PM PDT by gorush (History repeats itself because human nature is static)
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To: SeekAndFind

Mmmmmmm.....popcorn!


5 posted on 03/20/2011 5:28:49 PM PDT by yup2394871293
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To: SeekAndFind

They are doing it so that Obama appears more “mainstream” and, as the old saying goes, it’s hard to oust a sitting president in wartime. This is political theater for the next election — count on it.


6 posted on 03/20/2011 5:29:05 PM PDT by Blind Eye Jones
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To: SeekAndFind

Remember, to Obomb a the U.S. Constitution is flawed, it has no meaning...Written by old white rich men.


7 posted on 03/20/2011 5:30:32 PM PDT by Freddd (NoPA ngineers.)
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To: SeekAndFind

Has he served his purpose?


8 posted on 03/20/2011 5:37:30 PM PDT by ronnyquest (Barack H. Obama is the Manchurian Candidate. What are you going to do about it?)
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To: SeekAndFind

Please, GOP, don’t fall into the trap. The left would love nothing more than watch the GOP light themselves on fire by pursuing impeachment hearings against Barry.

If Kucinich, Jerry Nadler, Maxine Waters, Sheila Jackson Lee, Barbara Lee, and John Larson want to pursue impeachment, thats their business. Let the left tear itself apart. The GOP should sit back and watch it happen.


9 posted on 03/20/2011 5:39:03 PM PDT by GreatJoeMcCarthy
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To: GreatJoeMcCarthy
The GOP should denounce this act as an act of war on a sovereign nation.
10 posted on 03/20/2011 5:40:59 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: bcr100

All smoke and mirrors - - this bunch will defend this guy regardless what he does. No way will any of the names listed
push for any kind of reprimand; much less impeachment.


11 posted on 03/20/2011 5:42:04 PM PDT by Mr. Wright
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To: GreatJoeMcCarthy

Concentrate REAALY hard on Natural Causes or accidents’


12 posted on 03/20/2011 5:42:29 PM PDT by Renegade
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To: gorush

Time to pitch in and help them.


13 posted on 03/20/2011 5:42:32 PM PDT by org.whodat
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To: fortheDeclaration

I am not holding my breath!!!


14 posted on 03/20/2011 5:42:54 PM PDT by mad_as_he$$
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To: SeekAndFind

15 posted on 03/20/2011 5:42:54 PM PDT by martin_fierro (< |:)~)
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To: Mr. Wright

Agreed, I have seen their act. They will later say they were upset, but it wouldn’t be as big as it would have been with Bush or last as long either. The media is the same. We won’t see days and days of stories of civilians killed in Libya like Iraq.


16 posted on 03/20/2011 5:44:08 PM PDT by bcr100
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To: org.whodat

I’m willing to be bipartisan on this one...however, Joe Biden? Heaven help us. (And that’s coming from a card carrying agnostic)


17 posted on 03/20/2011 5:45:41 PM PDT by gorush (History repeats itself because human nature is static)
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To: SeekAndFind

“Get over it, Kucinich.
First, by not being a natural born citizen,
the King is not impeachable.
Second, laws do not apply to my people,
you stupid Cracker-dhimmi.”

18 posted on 03/20/2011 5:46:45 PM PDT by Diogenesis (Si vis pacem, para bellum)
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To: SeekAndFind
...without the cover of a Congressional authorization to use military force, and Kucinich wants to crank up the impeachment process,

Uh, Dennis? You have no say in foreign affairs. Thw group now in charge of our military meets in New York.

19 posted on 03/20/2011 5:49:12 PM PDT by Pan_Yan
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To: Howie66
"I think that the list of things that Stroker has done that ARE constitutional would take up less space."


20 posted on 03/20/2011 5:49:51 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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