War Powers Act Does Not Apply to Libya, Obama Argues (Obama claims he's above the law)

NY Times ^ | 6/15/2011 | Charles Savage

[tobyhill]

The White House is telling Congress that President Obama has the legal authority to continue American participation in the NATO-led air war in Libya, even though lawmakers have not authorized it.

In a broader package of materials the Obama administration is sending to Congress on Wednesday defending its Libya policy, the White House, for the first time, offers lawmakers and the public an argument for why Mr. Obama has not been violating the War Powers Resolution since May 20.

On that day, the Vietnam-era law’s 60-day deadline for terminating unauthorized hostilities appeared to pass. But the White House argued that the activities of United States military forces in Libya do not amount to full-blown “hostilities” at the level necessary to involve the section of the War Powers Resolution that imposes the deadline.

“We are acting lawfully,” said Harold Koh, the State Department legal adviser, who expanded on the administration’s reasoning in a joint interview with White House Counsel Robert Bauer.

[wiggen]

Totally meant Bahrain. You’re correct on Yemen. Is there a side we can back? Nothing good can come out of that nation. we’re better off letting the islamofascists take over and kick their butts afterwards.

[no-to-illegals]

Good analysis of the present and seems probable. (Hopefully)

[no-to-illegals]

Greetings, and Morning OneLoyalAmerican,

Thank You for the provided information.
That effort (spoken of) by the House had
slipped by me. Thanks for the reminder!

[fluffdaddy]

Grow up Skippy. Get a clue about how the constitutional system operates.

Obama is President. The only effective checks on his power are Congress and the next election. That's the way the Constitution is written. Unfortunately, modern party politics largely take Congress out of the game which means that the next election is the only meaningful restriction on Obama’s power.

Conservatives can't waste time and effort squabbling about trivia that has no potential to hurt Obama at the ballot box. This is no time to go for the capillary. Obama just isn't vulnerable to the argument you want to make. Move along and focus on what matters instead of what doesn't.

[Personal Responsibility]

Not “full blown” hostilities? Seriously? We’re BOMBING THEM. It doesn’t get much more hostile!

[gwilhelm56]

**I never thought that I would utter the words Dennis Kucinich & correct in the same sentence!**

and have to and another even more unsettling word in that sentence ... AGREE

OMG ..I agree with KOOKCinich?? Just SHOOT ME!!!

[Road Warrior ‘04]

As always Leni, a great little ditty. Might see you next week.

[politicianslie]

In my view, the United States has an insufficient national interest there to justify a direct military presence

It's never been about US interests, it's always been about Obama's interest.

Obama gave $Billions to Egypt and the Muslim Brotherhood for their takeover of that country.

Obama is using the US Military to put Al Qaeda in a position to take over Libya.

Obama coincidentally wants Israel to go to pre-1967 borders so the country cannot be defended.

QUESTION: Do YOU think this is just a coincidence OR is Barry really a Muslim plant here in the US to do as much damage as he can before we try him for treason?

Before you answer take into consideration that Barry embraces every policy that will hurt the US from minimizing US oil drilling, open borders, a health care bill from hell etc.

Can you find anything this clown has done to help the US? Since he is doing everything he can at the EPA to hurt America, do you think he might be doing it on purpose?

[andy58-in-nh]

I long ago reached the conclusion that everything Obama does is intentionally designed to weaken or destroy American military and financial interests. It is not coincidental that every significant action he has taken as President serves to either empower our adversaries or assist in the transfer of our wealth to others.

In the case of the Libyan incursion, Obama's commitment of American forces serves no identifiable purpose other than to further strain our military capabilities at a time of growing international unrest, largely driven by the expansion of radical Islamic forces and the socialist/communist organizations with whom they have made common cause.

The correct Constitutional response to such an executive action is to remove all funding for the operation and set a date for withdrawal, absent a showing of why the Libyan military action is in our national interest. Refusal on Obama's part to comply should result in an article of impeachment.

[GregoryFul]

(1) Article I, Section 8, provides that Congress shall have the authority to Declare War. An authority not given to the President - who can only prosecute War as commander in chief, given the direction from Congress. Separation of powers, indeed.

The Constitution (Article II) does not give very much power to the president - he is the executive, he carries out the will of congress, and if he does not, can be impeached and removed from office. Article II, Section 2 gives the president only four powers, two are mediated by the Senate.

[GregoryFul]

The war powers act does not include a definition of “is” either.

[GregoryFul]

I’d seriously like to know where all the hippies and pinkos are now, when under Bush, when we were in LEGAL wars, they were screaming for impeachment. But now we have 4 wars, of which 2 ARE ILLEGAL and not a peep. Pisses me off to no end!!!!!!!!!!

You misapprehend these zombies, are you upset when a worm acts like a worm, a skunk like a skunk, a snake like a snake? Cool off, it is their nature.

[danielmryan]

When we sign away a right, the legal document explicitly acknowledges the right being waived. If any treaty waives the right of Congress to declare war, language to that effect should be in the treaty.

[allmendream]

And it does not.

The provisions of the NATO charter obligate us to treat an attack upon a member State as an attack upon the USA.

After an attack upon the USA (like at Pearl Harbor, or 9-11) Congress is still the possessor of the power to declare war.

They are the only ones with this power under the Constitution.