With the announcement that the US will pull its attack planes out of the no-fly zone coalition in Libya, President Obama has cemented the impression that his policy regarding Libya is erratic and ill thought out. It is understandable that Congressional leaders find this troubling, odd, and even unnerving, and no doubt the citizenry is confused as well. On March 28, President Obama made a forceful case to the American people for intervention, and now he seems to believe we have intervened enough. But whereas the citizens can simply scratch their heads and wonder, the Congress has a Constitutional responsibility that they need to address, and this break in the action gives them the opportunity to do just that.
Simply put, President Obama acted unilaterally, without Congressional approval, in launching combat operations in Libya. This was unconstitutional and a clear violation of the War Powers Act of 1973. Whether you are for or against the combat operations in Libya, we should all be concerned about the Constitution, the law, and the balance of power between the Executive and Legislative branches of government in war making decisions. President Obama’s unilateral decision to commence combat operations has set a dangerous precedent, and he should be forcefully rebuked through Congressional censure.
The War Powers Act was written to address the issue of Presidents ordering combat operations without the consent of Congress. It was meant to retain to Congress the constitutional right of making war, while allowing the Commander in Chief latitude to act immediately in an emergency to fulfill his duties in defense of the nation. Accordingly, the act allows the President to launch an attack without Congressional approval only in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
Some commentators and pundits are confusing the public by talking about guidelines and timelines for the President to notify Congress and seek approval, as if President Obama has a certain number of days to seek Congressional approval for actions already taken in Libya. But those guidelines and timelines refer to the aforementioned emergency military actions in defense of the nation, and cannot be applied to what is clearly an optional humanitarian combat operation. To suggest that following those timelines somehow puts the President within the law simply ignores the clear language of the law, and undermines the very reason that the law was passed to start with!
President Obama, a Harvard trained lawyer, is very familiar with both the Constitution and the War Powers Act. In a response to a question from the Boston Globe in 2007 about whether there would be presidential authority to bomb suspected Iranian nuclear sites, then Senator Obama wrote, “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation. As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.”
The words of Senator Obama and the actions of President Obama are in direct contradiction and they simply cannot be reconciled. Senator Obama said the President does not have Constitutional authority to unilaterally authorize a military attack unless stopping an actual or imminent threat to the nation, and yet President Obama has done just that. Libya did not attack the United States, its territories or armed forces. And yet at the order of the Commander-in-Chief we have launched over 100 cruise missiles and dropped dozens of bombs.
President Obama is very sensitive to acting multilaterally with other nations, and yet he has acted unilaterally at home, with disregard for both Congress and the Constitution. He should have sought and received Congressional approval prior to committing the United States to military action in Libya. Since President Obama did not seek Congressional approval, he should certainly receive Congressional censure. One can only wonder how Senator Obama would vote on such a motion of censure involving President Obama.
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Obama is a study in contradictions. He has contradicted himself in just about every policy he’s enacted or tried to enact. Great article.
Excellent post, you have very clearly laid out why so many of us have an issue with what he has done. I think he should be impeached, especially considering the fact that nobody even bothered to find out who those rebels are before we started helping them (as it turns out, many of them are Al Qaeda jihadis). He has committed treason, IMHO.
I linked to your post at my place:
http://zillablog.marezilla.com/2011/04/libyan-lunacy-linkaround.htm
I easily agree with your analysis of the action of our president in these circumstances. The question before the informed is: “What shall we do about it?” I, for one, will write my congressman and suggest-demand that he motion Congress for a censure and reversal of our involvement in the affairs of Libya. I will also publish this blog to my Facebook page in an effort to spread the truth. I will also pray with fasting that God will restrain our President from doing unjustly.
Wow – thanks for sharing – I will pass on.
Amen, Richard! Very clearly spoken.
I believe that the President should be censured, after all, the United States went through similar situations with George W. Bush with the situation in Iraq and you had a Democratic controlled Congress that did nothing to investigate his actions. Now you have this President conducting atrocities both domestically and now with Libya, without Congressional approval. The Republican House of Representatives should introduce a resolution and a motion to censure President Obama. We could go all the way back to the Spanish War when Congress attempted to censure President James Polk over similar matters. I wish Congress would actually get serious and realize that the buck stops with Congress, and they have responsibility and oversight over the executive branch, not the other way around. If Congress continues to let things like this slide under the bus and delegate powers to the executive branch, then as a nation, we really are controlled by a dictatorship.
I am absolutely convinced that Obama is not pulling the strings/in command. Now that he’s the President, nothing he has called for, promised or pledged to do has been carried out. He campaigned on no health care mandate, troops out of Iraq, Guantanemo closure, etc. The list is endless.
Either he was abjectly lying, his statements were “campaign rhetoric”, or there are higher powers in control. He, like Bush and others before him, are presented limited options and guided in which to select. If he fails to perform as instructed or goes wildly out on his own then he’ll be taken for a ride through Dallas Texas.
Finally, an issue that I am passionate about. I have looked for information of this caliber for the last several hours. Your site is greatly appreciated.