This afternoon, President Obama will convene a conference call for members of Congress on the operation in Libya, a tacit acknowledgment that there is great concern about the strategy and the constitutional legitimacy of the mission. Press Secretary Jay Carney said at his briefing that the President “update them on the transition of command and control to NATO.”
This comes as members of Congress, even ones not usually inclined to criticize a President of their own party on foreign policy questions, have become more outspoken about the mission in Libya. Jay Rockefeller, the chairman of the Senate Intelligence Committee, had this to say:
“I know the president carefully weighed all the options before taking this emergency action, but now that our military has prevented an immediate disaster, I have very serious concerns about what this intervention means for our country in the coming weeks,” Sen. Jay Rockefeller (D-W.Va.) said in a statement. “Our military, and our budget, are stretched thin fighting two wars already, and I want to avoid getting into another conflict with unknown costs and consequences.
“I feel very strongly that we need to avoid deep military involvement in a third foreign country — particularly in a country whose politics and society are largely unknown to us.”
Rockefeller and others in Congress have been somewhat mollified by the transition of command to NATO. But there’s still the lingering question of the constitutionality of the military action in the first place. Yale Law Professor Bruce Ackerman bluntly called the war unconstitutional in a post today.
In taking the country into a war with Libya, Barack Obama’s administration is breaking new ground in its construction of an imperial presidency — an executive who increasingly acts independently of Congress at home and abroad. Obtaining a U.N. Security Council resolution has legitimated U.S. bombing raids under international law. But the U.N. Charter is not a substitute for the U.S. Constitution, which gives Congress, not the president, the power “to declare war.”
After the Vietnam War, Congress passed the War Powers Resolution, which granted the president the power to act unilaterally for 60 days in response to a “national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” The law gave the chief executive an additional 30 days to disengage if he failed to gain congressional assent during the interim.
But, again, these provisions have little to do with the constitutionality of the Libyan intervention, since Libya did not attack our “armed forces.” The president failed to mention this fundamental point in giving Congress notice of his decision on Monday, in compliance with another provision of the resolution. Without an armed “attack,” there is no compelling reason for the president to cut Congress out of a crucial decision on war and peace.
If the President asked for authorization, he probably would have gotten it, at least in the Senate. I would argue that Congress isn’t necessarily gung-ho about having the responsibility, and are generally happy to hand that over to the executive. But that fact, and the past performance of other chief executives ignoring Congress on war powers, does not magically make this action constitutional. After all, even George W. Bush asked for authorization for his wars.
Sadly, I think Congress has many other things on their minds other than reining in the imperial Presidency.
UPDATE: The White House gives a readout of the briefing.



43 Comments


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I just don’t have a good feeling about this.
Wait a minute — I’m still trying to figure out how Obama, right or wrong, is alleged to have violated the War Powers Act.
Here’s a description of how it’s supposed to work, from the March 29, 1984 New York Times:
Here’s the Wikipedia description:
In fact, the Wikipedia entry cites the suggestions over the years that the War Powers Act itself might be unconstitutional:
WTF was Jello Jay when Bush was doing this. Oh yeah…writing memos nobody could read.
Boxturtle (I suppose consistancy IS a bit much to ask)
War is Peace
Love is Hate
Freedom is Slavery
Ketchup is a Vegetable
Talk about phoning it in. Congress has been doing it for almost a generation, and now it looks like a President is finally returning the favor.
I think they meant that to refer to the U.S., not Libya.
The last time Congress declared war was WWII, it’s since abdicated it’s authority despite what the Constitution says. Nothing new here.
Sadly, I think Congress has many other things on their minds other than reining in the imperial Presidency
Yep, like finishing off the middle class and the poor.
At least they have their priorities straight.
If they finish off poor children first, then they’ll have their priorities straight!
The White House met 48 hour compliance with the Act, and the “imminent threat” provision by the figgiest of fig leaves; one sentence [pdf]:
So conditions are met, but certainly less than satisfying IMO.
And, we can quit talking about it just being a “No Fly Zone.” Per the DoD and AfriComm they are sending in A-10s for tank interdiction.
And this is what A-10s do.
I’m stealing that.
And the pork gets distributed and the concessions on labor and “entitlements” get made and by Monday morning there will only be a few token resisters.
The United States, its territories or possessions, or its armed forces were not under attack by Libya.
Hmmm…A-10s are entirely unsuitable for air to air combat, (as one would expect to happen in a “no fly zone”), and is only suitable for tank killing and close air support, (of ground troops). Who coulda predicted?
Strangely I DID!
Fattening ‘em up for the kill.
I see Japan has figured out a way to deal with its social security problem.
Thanks for showing that Obama is in violation of the WPA.
Ummm, Jay?
In other words, the Bush Doctrine of pre-emptive war. “Unless we invade a country RIGHT NOW that hasn’t done anything to us YET, they just might do something in the vague future.”
The existence of nation-states or organizations that are not fully under our control constitutes an immanent threat.
It’s figgy!
The invasion of Libya is all about the “war economy”. The MIC is a relentless hydra of corporations that feeds on the imperialistic leanings of short sighted leaders and narcissistic capitalist. Has anyone else noticed that the Dow Jones is not really faltering at all with all the strife going on in the world? “War economics” is the scaffolding on which the global economy is sustaining itself on. The multi-national corporations which are the bullet factories have no sense of patriotism or nationalism. The profit margin knows no human compassion.
Those who would fool themselves into believing that US and NATO actions in Libya are for humanitarian reasons have quickly forgotten about places such as Darfur, the Gaza strip, and the multitude of places in the world where crimes against humanity have been ongoing.
The purpose of the invasion is to create new markets for the corporations and increase profits.
My, that all looks expensive. No wonder there’s no money left for unemployment benefits.
Kinda like the colonists’ invasion of Canada at the beginning of the Revolutionary War.
Well, maybe not so much. At least the colonists could argue that Canada was close enough to the not-yet-U.S. that it might invade.
We need to develop a war porn warning here.
I thought I did! I’ll put a war porn tag in future.
Hmph! I don’t think that’s strange at all.
ITMFA
‘preciate it.
Yeah, I guess everybody can’t be expected to know what A-10s do. Having seen some in action in real life technicolor, I chose not to click on the link.
Here’s the thing: the next time, Obama will do this just as he did here, in violation of the War Powers Resolution. So will his successor. Over and over and over again.
Until Congress stands up to this outlaw behavior by the Executive, America is at grave risk. We no longer live in a constitutional republic with any checks and balances whatsoever.
That’s what the conference call is all about. To keep them bribed and blackmailed to make sure that never happens.
I don’t care if he did or didn’t meat the requirements of the War Powers Act, that’s a statute. The Constitution has authority over this, and IMO, the War Powers Act is unconstitutional.
THere’s just no way anyone can rationally explain how when a President can unilaterally declare war (by, you know, actually going to war, i.e. hostilities) and then get Congress to agree 60 (or 90) days later that meets the intentions of the framers.
So what’s up with you gung-ho Republicans that supposedly can’t stand this President? Here’s your opportunity. Where’s the impreachment hearings??? Oh, just as thought, you don’t really hate this President since he’s governing like a good Republican, you only claim to in order to keep up the charade that Democrats and Republicans oppose each other.
Assholes.
BTW, no reason for you to know and I’ve been pretty desensitized from the event in 1987 by now, I had a personal incident, involving my husband’s death, that made me shiver every time I heard a gun shot or ambulance for several years after.
You have shared your personal experience with violence too.
So although my comment was typed in snark mode, there are prolly plenty of peeps here whose experiences with violence and its personal influences are very real. And not just some video game.
Sounds like I’m in lecturing mode, but just trying to outloud (so I can learn) why it is so important to remember all the different experiences of commenters & lurkers should be considered.
Our Constitution is dead. I just wish the assholes would admit it and give it a decent burial.
Here’s Kucinich ‘standing up.’
Every president since Truman have been pulling these shenanigans and Kennedy escalated this crap, remember Vietnam was never “officially” considered a war. Nixon and his cohorts(Rumsfeld and Cheney) have been starting wars since the 70′s thus Shrub probably felt more emboldened to start Iraq.
You’re a little late to the history. See 25.
Forgot to mention the sewing kit earlier. One way to get virgin certificate.
After Grenada, Caspar Weinberger was testifying at a Senate hearing, was being lectured about the Constitution and checks and balances by fellow Republican Arlen Specter. Remember? Weinberger began to glow fire-like, steam was pouring off his forehead. He grabbed a bunch of very and extremely sharpened pencils (surely a prop placement) and held them like Thor or made them look like fasces (no typo, it’s an ‘a’), nearly fondling them so the points would not be missed: Don’t dare try to control people who control ballistic missiles, he was saying in his way.
Had Caspar Weinberger died in prison, without his Poppy Bush pardon, America would be a much better place today.
It seems to me that Obama started bombing Pakistan as soon as he was elected, without seeking Congressional approval. He has bombed Yemen, and about a half a dozen other countries too. He has sent American troops into Pakistan. I don’t remember reading anything about Congressional approval for any of those actions, and I don’t remember any objections from Congress. No wonder he thinks he is above the Constitution, he has been given unprecendented powers by the Congress ever since he went into the White House. The only reason Congress is objecting now is because it is moreout in the open than before. Most Americans don’t object to sneak attacks by drones that we’re not supposed to know about. Congress is upset because it s on the front page. They can’t hide the fact that they have allowed him blanket War Powers this time.
I do not agree with Obama going around Congress in this case any more than I did any of our other illegal wars, but it is not surprising that he didn’t bother to concult Congress. It is exactly what he’s done for 2 years. They are irrelevant.