Posted on 06/15/2011 12:44:58 PM PDT by 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.
(Excerpt) Read more at nytimes.com ...
Has anybody picked up a pattern here?
Obama doesn’t think the War Powers Act applies to him?
Obama thinks he doesn’t have to enforce our immigration laws as written.
Obama thinks he can give health care waivers to all his union cronies and campaign contributors while forcing the rest of us peasants to obey the law.
Obama thinks he and his cronies are immune to his own transparency policies.
Obama thinks he is an exception to his own Gitmo policies that he campaigned on in 08.
Obama thinks he is an exception to his own Iraq policies that he campaigned on in 08.
Obama laughs at the fact that his stimulus package was a huge failure when he said it would save the economy.
I have just listed every talking point that could defeat Barack Obama in 2012 and the Republican Party is nowhere to be found.
So they keep their ‘ full-blown “hostilities’ just low enough so 0 can do
what HE wants.
They impeached Bill Clinton, and what good did that do? The Senate has to vote to remove from office, and that’s never going to happen.
Obama saying we pulled out and saying NATO is in charge is a sad joke. We are NATO. And we are not pulled out. He lies.
Besides...TheWon better wake-up and realize it is a bipartisan anger on this...
http://www.freerepublic.com/focus/f-bloggers/2735162/posts
Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled,
SECTION 1. This joint resolution may be cited as the "War Powers Resolution".
SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
SEC. 3. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situation where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.
SEC. 4. (a) In the absence of a declaration of war, in any case in which United States Armed Forces are introduced--
(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.
(b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad
(c) Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.
SEC. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.
(b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.
(c) Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.
SEC. 6. (a) Any joint resolution or bill introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays.
(b) Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 5(b). The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such resolution or bill not later than four calendar days before the expiration of the sixty-day period specified in section 5(b). In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period.
SEC. 7. (a) Any concurrent resolution introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days, unless such House shall otherwise determine by the yeas and nays.
(b) Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
(c) Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement.
SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--
(1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or
(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution.
(b) Nothing in this joint resolution shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to the date of enactment of this joint resolution and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.
(c) For purposes of this joint resolution, the term "introduction of United States Armed Forces" includes the assignment of member of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.
(d) Nothing in this joint resolution--
(1) is intended to alter the constitutional authority of the Congress or of the President, or the provision of existing treaties; or
(2) shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution.
SEC. 9. If any provision of this joint resolution or the application thereof to any person or circumstance is held invalid, the remainder of the joint resolution and the application of such provision to any other person or circumstance shall not be affected thereby.
SEC. 10. This joint resolution shall take effect on the date of its enactment. CARL ALBERT
Speaker of the House of Representatives.
JAMES O. EASTLAND
President of the Senate pro tempore.
The House of Representatives having proceeded to reconsider the resolution (H. J. Res 542) entitled "Joint resolution concerning the war powers of Congress and the President", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was
Resolved, That the said resolution pass, two-thirds of the House of Representatives agreeing to pass the same. Attest:
W. PAT JENNINGS
Clerk.
I certify that this Joint Resolution originated in the House of Representatives. W. PAT JENNINGS
Clerk.
The Senate having proceeded to reconsider the joint resolution (H. J. Res. 542) entitled "Joint resolution concerning the war powers of Congress and the President", returned by the President of the United States with his objections to the House of Representatives, in which it originate, it was
Resolved, That the said joint resolution pass, two-thirds of the Senators present having voted in the affirmative. Attest:
FRANCIS R. VALEO
Secretary.
Immediately stop all funding.
Insisting that the President get a Congressional declaration of war for ongoing hostilities he initiated is not a defense of the War Powers Act - it is a defense of the Constitutional power of Congress to declare war.
If this were Bush the media and Obama would have held impeachment by now.
Stunningly, most of the comments at the NY Times are against Obama on this. I believe he is reading the tea leaves on this one wrong. Even democrats are starting to get upset.
>>> War Powers Act Does Not Apply to Libya, Obama Argues (Obama claims he’s above the law)
No, Obama did not claim he’s above the law. Because if you do not call it a war, it is not a war war.
The difference is that Bush actually got a vote and approval but they still tried to hang him out to dry because they claimed he “lied”.
Then you have COMPLETELY missed the point, and have been living on another Planet for the last decade.
It’s not the War Powers Act itself. It’s that Dems DEMANDED IT under Reagan, DEMANDED (including OBAMA) that Bush comply with it after 9/11, and now UTTERLY IGNORE IT.
It’s hypocrisy of the highest order. And the media KNOWS they became so biased under Bush, that they DO NOT DARE report the facts about this now.
Whether or not the act is correct, he can’t simply take it upon himself to decide that he doesn’t need to abide by it.
Bush and the other presidents since its enactment have abided by it (Republicans more than others).
If he feels it’s wrong, he should challenge it and announce that he’s doing so, not simply ignore it and pretend he has the right to do whatever he wants...which has been his approach to every single US law (and even the more vaguely defined checks and balances) since day one.
Obama is using the United States military and taxpayer money to conduct offensive military hostilities (aka wage war) against a sovereign nation that posed no clear and immediate threat to US national security, under the pretense of humanitarian aid, under the banner of NATO, and has done so in recent weeks in violation of current US law. It’s just that simple.
And the sooner the better.
The damage he is doing to America is on the edge of irreparable. He has already placed America at greater risk through empowering his African Caliphate and doing nothing other than aiding Iran.... who is welcoming Obama’s consolidation of the Mid East. There is totally new trajectory in place. Iran has already stepped up with their umbrella proposal for the newly consolidaed mid east. I wonder if they and the MB sent cash or a wish of allah akbar to the bammer, for his good will at America’s expense.
He has placed all of America in harms way.
So we're bombing Libya, just not in a hostile manner.
See post # 25 dems are ticked off. And there are full blown “hostilities” if they aren’t why are we there? Obama is political burnt toast and even the dems are sick of and don’t want to scrape him off.
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