(I’ll be talking about Libya on MSNBC at 2pm ET)
Now that the mission in Libya is creeping away from humanitarian protection and toward arming an insurgency, this might be a good time for Congress to get involved. I know it’s quaint, but they do have war powers, last time I checked my Constitution. Bob Gates succeeded in getting a delay in any war powers resolution on Libya by Senate Democrats until after a briefing today with him and Hillary Clinton. But after that, Harry Reid said, “if in fact you want to do more legislatively, you’re entitled to do it…. The War Powers Act we believe is valid, is very clear, setting forth timelines.” It’s also clear that the President can only invoke force prior to a war powers resolution in the presence of an imminent threat, which Gates admitted was not the case in Libya.
In the House, where the White House doesn’t have the same kind of sway, Republicans are already introducing a bill to defund the Libyan operation, going further than a war powers resolution. Rep. Tim Johnson is the lead sponsor of the RECLAIM Act.
A week ago President Obama, without Congressional approval, committed our armed forces to an international conflict in the nation of Libya. Today Congressman Amash (R-Mich) and Rep. Johnson are introducing the RECLAIM Act to reclaim the authority to declare war that is so clearly proscribed in Article One, Section Eight of the Constitution; we urge all members to join our effort. Under the guise of the War Powers Resolution of 1973, President Obama claimed the United States must intervene to “prevent a humanitarian catastrophe and address the threat posed to international peace and security by the crisis in Libya.” While those aims are laudable, we cannot intervene everywhere we find injustice. Constitutionally, it is indisputable that Congress must be consulted prior to an act of war unless there is an imminent threat against this country. The President has not done so. Approval from the Arab League, the EU, and United Nations does not mean the American people approve.
The RECLAIM Act does two simple things: ceases the use of force in, or directed at, the country of Libya by our Armed forces and halts all use of funds used in the force against the country of Libya. This bill DOES NOT allow an open-ended conflict. It DOES NOT leave us vulnerable to a “Tonkin Gulf”, “Nueces Strip” or a “Black Hawk Down” situation, meaning, it does not leave the United States armed forces in a vulnerable situation to be attacked, thus forcing our hand to retaliate. We’ve already come too close, with one plane having crash-landed—what if those pilots ended up in enemy hands?
Setting aside some of this, what I don’t think anyone on either side of this dispute can disagree with is that Congress needs to be more than “consulted” about Libya, under the Constitution. War powers have been improperly located in the executive branch for too long now, and the precedent of joining UN military operations without Congressional assent is very dangerous. To the humanitarian interventionists, I would ask them how they would be comfortable with this power in the hands of a President Bachmann.
Congress in the past has been loath to assert its role in military operations, and maybe that will continue. But it’s worth forcing the issue. If Congress, which is more accountable to the public, wants to go to war, that’s their prerogative. But the laws of the nation demand that they have a voice.



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I posted this on another friend, but it apples here also
My Friends,
we have reached a tipping point. The level of lies, corruption, and disregard for the rule of law is everywhere
Our POTUS defends his actions in libya as humanitarian and the fact that it has a broad coalition. A coalition that his own administration clearly said that the US worked hard behind the scenes to pull together. How hard has the US worked behind the scenes to pull together a coalition not to stop the potential of 10s thousands being slaughtered, but the actual slaughter of 100s thousands across Africa? Never mind what is happening in Bharain, Syria, Yemen and so on.
He speaks about humanitarian grounds for attack, while meanwhile here at home millions are living on food stamps, millions of children go hungry every night, millions have lost their homes, their jobs, and are struggling just to eat and find shelter. How does our govt help them? By cutting more aid to programs that could help them. By giving tax cuts to the rich that don’t need them. By standing by as the FED RESERVE gives trillions to bankers and corporations, and through QE devalues the dollar, driving up the cost of food, etc, meaning those barely getting by are finding it harder and harder to purchase the basics just to live. Through QE the Fed is running a ponzi scheme, and the banks by front running this scheme are making more billions on the backs of tax payer with no risk involved. It is simply more free tax payer money.
He talks about the war on terror, a war that has the US in iraq, afghanistan, and many other places. A war that has cost trillions, and 100s thousands are dead, injured and displaced. Yet, now we hear govt officials talk about arming the rebels in Libya. Rebels that have among their groups, known terrorist ties. It matters not if the terrorist make up 5 or 5000 of the total number of rebels, the fact is they are part of this group. We have now entered the twilight zone where are “enemies, enemy has become our friend’ and we are working with Osama Bin Laden, if he is still alive, to fight Gadaffi. And the more things change the more the stay the same. Was it not just yesterday our govts said it was legal to invade iraq, and now they say it is legal to arm the rebels?
It is clear to anyone that we do not have a two party system, but a one party two headed plutocracy. Both sides through various policies have systematically destroyed the very fabric of this country. For the last 30 years they has been a war, a “war on the middle class’ and the end game is to destroy us and leaves us poor and dependent on the state. Our rights and freedoms are disappearing before our eyes, and what is happening in WI and other states is part of the plan.
Our govt still tries to frame issues as repubs vs dems, unions vs private workers, etc, but this is just a pack a lies, a smokescreen that MSM dutifully reinforces daily. The issue is control and power and it is between those that have it and everyone else. The grand experiment that led to the rise of the middle class no longer is profitable enough for those running the show, and individual rights and freedoms for the peasant class need to be scaled way back.
The POUTUS like most politicians is just a tool. He cares not one hoot about the people in Libya or here at home. He is just another smokescreen promised riches and the opportunity to join and be protected by those he is helping to destroy us.
So the Republicans that spent much of February and early March jonesing for armed intervention, back when they thought Obama wouldn’t do it, are now doing a 180 and opposing it? Or is it just that they’re opposed to France and the UK being the leaders of the intervention?
Gee, you’d think that they’d like having another excuse to slash social spending instead of raising taxes. But I guess they’re just deathly afraid it’s going to be more like Kosovo than Iraq or Afghanistan. (Kosovo, despite the intense efforts by Serbia and Serbia’s Russian sponsor, stands a fighting chance not just to survive, but have thriving democratic institutions as well. Its infant criminal justice system needs work to say the very least, but so do that of Serbia and Croatia.)
I agree with the UN actions, but I do not agree to the way Obama handled it. He should have done it according to US laws.
HuffPo sez:
Let’s see a show of hands of who is surprised.
Wow. Johnson is quite a looker. Hasn’t his staff heard of photoshop?
At least makeup and a better angle. Sheesh.
We need more Congressmen who know what “proscribe” means.
Repugnicants are a sad joke. Oppose the Democrats, oppose the Democrats, turn a blind eye to the destruction their party is causing at home, oppose the Democrats. If it were Bush, this clown would be genuflecting in lockstep with his sad little party.
Never thought I’d find myself cheering for a teabagger who looks like the Cryptkeeper.
That much is certain.
Perhaps we need more congress people that are not grandstanding wads of fuck more motivated by the sound of their own voice than they are by actual problem solving.
Thanks for the post, David.
You mean Johnson’s just braying to hear the sound of his own bray? No, say it ain’t so, oldnslow.
Not sure if you caught onto one of my minor campaigns. Since criticism of women pols is overbalanced toward their appearances, I try to do my best to even the field by applying the same low standard to male pols. Some of them, like this one, are easy targets.
Thanks for contributing to one of my minor campaigns (see 13). *g*
No need to cheer. At best, Johnson’s bill is just the stopped-clock principle in action. Just because it’s right twice a day doesn’t mean it shouldn’t be thrown out and replaced.
What Obama has done in Libya alone is enough for impeachment and removal, leaving aside his other outrages against the Costitution.
:)
I think he looks like Mittens, but with a smaller brow and no hair.
There’s also the fact that it will never pass a Democratic Senate.
Have the House and the Senate actually passed anything this year besides the budget resolutions?
I never seen a clown, that never served, commit his people’s military resources so cavalierly and with such condescension.
People who what to kill should join XE and go get them some kills.
Very similar to that punk bully horsesass from Utah in the Senate that says he will filibuster a debt ceiling increase. The only way to deal with a bully is to punch them in the nose. (just a figure of speech mods)
At some point Dems will have to stand up. (not holdin my breath)
Now Mr. Humanitarian has authorized the CIA and special forces to get involved in the military action, on the ground, meaning he has flat out lied to us about “no boots on the ground”.
And he wants to arm the “rebels” so they can keep the killing going, all under the guise of “protecting civilians”.
We clearly have another duplicitous lying psychopath in the Oval Office.
Johnson’s internal deliberations:
Lemme see, “sternly worded letter” or “useless bill.” Which would make the better grandstanding.
This is great news, defund them all would be better.
Now, where’s the articles of impeachment for violating the constitution in the first place?
Guess you won’t go there huh?
And you Republicans are supposed to be soooooooooo against this President. Pfffft. In the 90′s the Republicans SHOWED they were against a D President. They impeached one for getting a blow job. Now you clowns won’t even raise a finger with real, live, high crimes going on.
You’re providing more and more evidence that the two parties are on the same side you know. I thought you guys didn’t want that little secret out. Better get to work on those articles of impeachment! HINT: Assassinating American citizens with no due process is some more ammo if declaring war without Congress isn’t enough for you.
How would the RECLAIM Act by “defunding” halt the US military’s actions in Libya? Isn’t there a war chest (of debt) already in place, and probably able to last for months or years? Wish I weren’t so stupid, it ain’t willful.
I think we have a similar campaign. :)
Not if he was long ago recruited by The Company. At that pay grade they are required to deceive and even lie.
That’s kind of where I’m at, though I get the message that around here this isn’t going to be welcome (message was received, thank you).
But IMO that little US laws thing OVERRIDES the fact that I wouldn’t have opposed this mission had they gotten Congress on board.
The constitution is either the law of the land, or it isn’t. (Now I know, I know, it’s already been shredded to pieces, but still). It’s like being pregant. You either are or aren’t. If the Constitution doesn’t apply in some circumstances, then it doesn’t apply in any circumstances.
Democrats will never do that. Someone else has to. We both know that.
Kabuki theatre
It seems like an unassailable minor way to get your jollies.
Notice the selectivity. 2 D prez & 2 impeached prez.
Nothing about Iraq or Afghanistan that happened owing to R military adventures.
Therefore, a challenge or claim to its being violated has to be made. Then that challenge or claim has to be adjudicated. Deliberately. Very. In. The. Mean. Time.
OT
BoxTurtle in the current Japan Thread.
The constitution hasn’t worked since the day it was written.
If you bought an egame that failed time after time, would you stick with it for 200+ years?
As compared to Bush’s war on Iraq, for example.
Yup. Very dangerous. War powers should not be placed so lightly into the hands of the executive.
I’d be Ok with the President having the authority to invervene with food and medicine. With bombs? not so much.
I think that some folks don’t really look far enough ahead to consider a President Bachmann scenario.
Cue the Kabuki Show. This lying scum bag is just a lying scum bag. If it was Boooosh the dumber as the Decider in Chief, this jack-o-lantern would be clapping, cheering & saying: here’s even MORE money fer ya, W!
Bush obtained Congressional approval based on lies.
Obama hasn’t even attempted to get Congressional approval.
Both are worthy of removal, but it is too late in Bush’s case.
I think in legal theory and practice, the document is known as a ‘fiction’, and the parties and partyers agree to stipulate to whatever the fuck they want.
Yep, and I’m asking the House (that’s who is supposed to start this process) to make the claim and start adjudicating.
Because even though the War Powers act was met, IMO there’s no way that the President declaring war (by actually waging war against a belligerent) and getting Congress’ ok 60 or 90 days later meets the framers intention of the Congress having sole authority to declare war.
So come on House Republicans, get busy!!!
IANAL, but that seems like a realistic description to me.
So….
Why all these ‘constitutional’ arguments. The stipulations have been decided on by the PTB, so let us peons be led by the nose.
I’m pretty sure Obama has 60-90 days under the War Powers Act until Congressional approval is required.
Second, this Congress held up a nuclear arms treaty in order to get 400 Billion for the top 2%, and exists solely to oppose Obama and Democrats. Under these circumstances I think Congress should be considered AWOL.
Bush should still be liable for any possible war crimes though (I don’t know of any specific ones, but guessing others here do.)
Violating international law on torture also comes to mind.
And if we had a functioning Department of Justice, he and The Dick would be facing plenty of US charges as well.
I hope it’s not too late for W and The Dick. I know it probably is and no foreign country will have the spine to do anything, but I have to hope.
Because, IMO the BIGGEST PROBLEM in our country, and world, is LACK OF ACCOUNTABILITY. You start holding folks accountable for their actions, and suddenly LOTS of the problems we’re facing go away or at least don’t repeat themselves.
Wait a minute. Is that Bill Nighy? aka Davey Jones from Dead Man’s Chest
;-)
Bill Nighy is much better looking than that! eeek
Yesterday I commented about the issues that I wish I’d done tons of coke so I’d have no septum anymore and couldn’t be led that way.
I think the Constitution was ordained and established to incorporate the several states into a binding union rather than a federation with voluntary compliance, as was the situation under the Articles of Confederation.
I’m confused. Yes, selective.
The Prez was a Dem during all 3 incidents, but only 1 of the 3 was impeached, and not over the incident.
Sorry, guess my cynicism still hasn’t caught up with yours. *g*
I’ve typed that that I think the Constitution is dead and that I just wish the assholes would admit it and give it a decent burial.
But then I have to wonder where do you go from there?
Because if the Constitution is dead, and if voting really doesn’t matter (or it would be illegal), then what’s next??? Because this little blog, and all the others on these toobz like it are a complete waste of time. No sense in discussing politics or engaging in politics if politics don’t matter. So where does that leave us?
Firedoglake isn’t a political blog or a blog about politics. Let’s say it covers current affairs? I think it’s a superb source of insight and opinion, and a very superior gateway and portal to valuable information and news. Also, Richard Condon (author of The Manchurian Candidate) said: “Everything basically is shit”.
I remember that comment about your septum.
Interesting point about constitution vs AoC.
Up shit’s creek without a paddle.
I think none of us knows what’s next.
I approach that Q from a predictive POV, which is why I am more cynical than most commenters.
Most commenters approach it from a prescriptive POV, which is a lot harder to figure out.
Akhil Reed Amar’s America’s Constitution: A Biography (Random House 2005)
Pepperdine, aka KenStarrU?
I got my talking point today from here.
So, as a fellow cynic, what’s the over/under on how long it takes for the gloves to come off here at home?
The system is in place, just need an official with the balls to pull off the switch to full-fledged auotcratic fascism, with prison in store for the objectors.
Reading “It Can’t Happen Here” Sinclair Lewis also right now, which doesn’t help.
No. A Wiffenpoof. One of his students was John Yoo.
From your link
It’s like the Just Visiting quadrant on the Jail square in Monopoly. And he can be near Nick Nolte.
John Walker Lindh was first ‘it’s happening here.’
Widespread application will come with some false flag op, or some demonstration that gets provoked into violence, at the convenience of the PTB. Oct 2112 surprise perhaps?
There’s a scientist (full prof somewhere) whose name I’ve forgotten who is a public intellectual. I saw him talk about evolution at Liberty U on cspan. I emailed him, asking him whether he knew, and deliberately entered the belly of the beast. He answered me in most charming fashion, stating he knew full well what he was getting into and thought it was part of his job. He parried every Q with razor sharp wit.
Amar could have the same attitude.
I think it was tried and it failed during the gas price spike in 08 when the pumps went dry along the pipelines that fed Nashville, Charlotte (where I live), and Atlanta — the 3 biggest metros in the South. It lasted about a week or so. No violence, no fights broke out. Turns out we used the internet (maps) and cell phones (threads) to pinpoint where there was gas, how much was left, and where it was expected. Eventually the governor contracted tanker carriers from out of state to haul gasoline. The ppl prevailed.
Amar’s book is excellent. I saw him on BookTV when he was hawking it. Damn fine hawk, look for the vid archive.
Thanks for the recommendation.
I am your humble servant.
(You can quote Golda Meir: “You’re not important enough to be so humble”.)
I listened to the Horton-Woods interview. It brought to mind something about US stated or publicly stated nuclear strategic policy, which I’ve never been able to locate in any published form that isn’t anecdotal, the so-called first strike doctrine or conversely the no-first strike policy.
I first ‘learned’ of it in the Dr. Strangelove movie, as the president Merkin Muffley says the US has a policy of not striking first (and General Turgidson points out that General Ripper has already invalidated that policy by launching Wing Attack Plan R). Subsequently, I read ‘somewhere’ that no such policy exists since strategic planning is highly classified. (Do you play chess?) Yet Carter asserted a no-first strike position, or he seemed to do so. (Does he play chess?)
In late 2001 or early 2002 we heard the full-blown Bush Doctrine in this regard, Charlie: The US will strike pre-emptively at nuclear-equipped adversaries if the conditions warrant it. (Does Pakistan play chess?)
Finally: If the US permits a first-strike policy, then the matter of which branch can “declare war” (versus “make war” in the original draft) is silliness, after all.
Really finally: abolish all nukes and get on with the making of a good society.