The UN & NATO authorize our wars, not Congress

So says our Secretary of Defense and the Chairman of the Joint Chiefs:

The Obama administration and Defense Secretary Panetta are contending that when offensive military action is needed, it does not have to go to Congress first for permission but that international agreements, the UN or NATO can override Congressional acts of authorization of war or use of force.

At a hearing that was held in Washington on March 7, 2012, Sen. Sessions of the Senate Armed Services Committee questioned not only Defense Secretary Leon Panetta but also of Joint Chiefs of Staff Chairman Gen. Martin Dempsey about offensive military action and the permissions that are needed.

Both Panetta and General Dempsey indicated that “international permission,” rather than Congressional approval, provided a ‘legal basis’ for military action by the United States.

In other words, they explained that they didn’t need permission by the Congress and can pursue offensive military action without Congress’ involvement and that the UN would dictate when and how the hostilities would occur, therefore bypassing the War Powers Act.

via Panetta: ‘Use of military force can be granted by UN or NATO, not Congress’ – Atlanta Paulding County Republican | Examiner.com.

Nevermind the Constitution, which as a War Powers Clause that specifically invests the power to make war with Congress:

[Congress shall have Power...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.
Article I, Section 8, Clause 11

That’s Congress and not the Executive branch–even though presidents have been running roughshod over this Constitutional requirement for our last several wars–and certainly not international agencies!

Congressmen sue President over Libya War

As we’ve blogged about earlier, President Obama, in his participation in the war in Libya, has ignored the 60 day deadline for the engagement of American troops without Congressional approval as stipulated in the War Powers law.  Now ten Congressmen, a coalition of both liberals and conservatives, has filed suit against the President. So the President has finally sent a message to Congress saying why he doesn’t need their approval:

Facing growing opposition on Capitol Hill, the White House insisted Wednesday that it’s within its legal rights to wage war in Libya without explicit authorization from Congress, essentially because no American lives are at risk.

The administration argued that its limited role in the allied air campaign against Libya means it’s not really the kind of escalating war that would require approval from Congress or an end to fighting after 60 days under the War Powers Resolution, passed in 1973 in response to the Vietnam War.

Even before the White House could send its arguments to Capitol Hill, 10 members of the House of Representatives – conservative Republicans and liberal Democrats – filed suit in U.S. District Court Wednesday challenging President Barack Obama’s right to wage the war, even if in a supporting role.

“We believe the law was violated,” said Rep. Dennis Kucinich, D-Ohio, one of the effort’s leaders. “We have asked the courts to protect the American people from the results of these illegal policies.”

In a 32-page report to Congress, the White House laid out its argument.

“U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors,” the White House said.

“We’re now in a position where we’re operating in a support role,” said a senior Obama administration official who spoke to reporters on condition of anonymity under White House policy.

“We’re not engaged in sustained fighting. There’s been no exchange of fire with hostile forces. We don’t have troops on the ground. We don’t risk casualties to those troops. None of the factors, frankly, speaking more broadly, has risked the sort of escalation that Congress was concerned would impinge on its war-making power,” the official said.

The White House also warned Congress against questioning the U.S. commitment at a time when Libyan leader Moammar Gadhafi may be on his way out. “Now is not the time to send mixed messages,” said spokesman Jay Carney.

The White House report also said the U.S. has spent $716 million through June 3 on bombs and other supplies since helping launch the allied air campaign on March 19, a cost expected to rise to $1.1 billion by Sept. 30.

via White House defends U.S. role in Libya after lawmakers sue – Politics Wires – MiamiHerald.com.

So we’ve blown up $716 million worth of bombs, but we’re not fighting?  They aren’t hostilities when the other side can’t hurt our guys though we can just hurt them?  Or when our forces are under NATO and UN command?

Since the Constitution places war-making power in the legislative body and not simply at the sole discretion of the commander-in-chief, I think a Supreme Court ruling would be helpful in clearly defining the parameters.

Congress calls Obama on Libya war

We had been blogging about how President Obama has been ignoring the War Powers Act in waging war in Libya without Congressional consent.  Now Congress has overwhelmingly struck back, with a bipartisan 3/4 of the House calling him on it:

Crossing party lines to deliver a stunning rebuke to the commander in chief, the vast majority of the House voted Friday for resolutions telling President Obama he has broken the constitutional chain of authority by committing U.S. troops to the international military mission in Libya.

In two votes — on competing resolutions that amounted to legislative lectures of Mr. Obama — Congress escalated the brewing constitutional clash over whether he ignored the founding document’s grant of war powers by sending U.S. troops to aid in enforcing a no-fly zone and naval blockade of Libya.

The resolutions were non-binding, and only one of them passed, but taken together, roughly three-quarters of the House voted to put Mr. Obama on notice that he must explain himself or else face future consequences, possibly including having funds for the war cut off.

“He has a chance to get this right. If he doesn’t, Congress will exercise its constitutional authority and make it right,” said House Speaker John A. Boehner, the Ohio Republican who wrote the resolution that passed, 268-145, and sets a two-week deadline for the president to deliver the information the House is seeking.

Minutes after approving Mr. Boehner’s measure, the House defeated an even more strongly-worded resolution offered by Rep. Dennis Kucinich, Ohio Democrat, that would have insisted the president begin a withdrawal of troops.

Most lawmakers said that was too rash at this point, and said they wanted to give Mr. Obama time to comply. Some also said immediate withdrawal would leave U.S. allies in the lurch.

The Kucinich resolution failed 148-265. In a telling signal, 87 Republicans voted for Mr. Kucinich’s resolution — more than the 61 Democrats that did.

Still, taken together, 324 members of Congress voted for one resolution or both resolutions, including 91 Democrats, or nearly half the caucus. The size of the votes signals overwhelming discontent with Mr. Obama’s handling of the constitutional issues surrounding the Libya fight.

via Bipartisan Congress rebuffs Obama on Libya mission – Washington Times.

The president is in violation of the War Powers Act

When American presidents send troops into combat, they have 60 days before Congress–to whom the Constitution gives the power to declare war–needs to act to authorize the action.  Friday was 60 days after we got involved in the war in Libya.  Congress doesn’t seem to care.

President Obama missed a legal deadline Friday — set in a 1973 law — that required him to obtain congressional approval for U.S. military operations in Libya.

Friday was the 60th day since Obama formally notified Congress that U.S. planes would strike targets in Libya, a bid to protect civilians from the government of strongman Moammar Gaddafi. Under the Nixon-era War Powers Resolution, the president must obtain congressional authorization of military action within 60 days or else begin withdrawing forces.

Neither happened. Instead, in a letter sent Friday night to congressional leaders, Obama expressed support for a proposed resolution that “would confirm that Congress supports the U.S. mission in Libya.”

The president also described U.S. military efforts as “supporting” and “more limited” than in the campaign’s early days. He said they include providing logistical and intelligence help to the NATO-led operation, as well as supplying aircraft and unmanned drones to attack Libyan targets.

Obama did not, however, explicitly say whether he thinks the War Powers Resolution applies to the Libyan operation. That act makes no specific exception for limited or supporting action: It applies to any instance in which military forces are “introduced into hostilities,” or sent into foreign territory or airspace while equipped for combat.

Congressional leaders have showed little desire to challenge Obama on the deadline.

via Obama misses deadline for congressional approval of Libya operations – The Washington Post.


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