How is it that Congress isn't screaming at President Obama for usurping its power to take this nation to war against Libya? (Even Bushes #41 and #43 had their wars in Afghanistan and Iraq authorized.) And if Congress isn't screaming, then why aren't we? We should be. The power to make war impacts us all: it kills, it costs our dwindling treasury, and it has serious consequences.
Those are just some of the reasons why the Constitution doesn't allow the president to make the decision to go to war unilaterally -- a fact that Obama, himself a former constitutional law professor, knows full well. If fact, when candidate Obama was asked if the president could bomb Iran without authority from Congress, he categorically responded: "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."
Candidate Obama's letter perfect response reveals precisely how well he understands the framers' fear of giving the power to initiate war to the president. As James Madison, principal author of the Constitution wrote, "The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature." Consequently, Article 1, section 8, cl. 11 states that Congress and only Congress can authorize the use of military force against another country. It makes no difference whether it's called war or a "military action" -- Obama's term for the attack on Libya.
Some have argued that it would have made little difference for Obama to have asked for authority -- that Congress would have approved the war anyway. Whether or not that's true, it's not the point. Had Obama gone to Congress there would have been the kind of public debate that's necessary in any country that calls itself a democracy.
A debate would have served several vital functions. It would have involved the American people in a momentous decision. It would have given Congress the option of rejecting Obama's war or putting conditions on it. Most importantly, it might have aired some difficult, vital questions: Why Libya and not the Ivory Coast, where thousands are being murdered? Why Libya and not Israel when it was killing 1,400 Palestinians in Gaza? Was this really a war about saving lives or was it about oil? Why is the African Union not supporting the war? Is this war really about regime change? Are not three wars in the Middle East and Central Asia, three too many?
Obama's decision is another shocking example of his grab for the kind of executive power he eschewed in his predecessor's administration -- so long as he was still a candidate. Many of us had hoped that the ghost of Vietnam, our infamous Executive-made war, would be exorcised by this Nobel Peace Prize-winning President. Instead, Obama has brought this specter back from the dead.
Damn. I hate it it when someone records what I say...
Inaction speaks louder than words which is why the TP House is going to be eaten alive in 2012 if they don't move for impeachment.
Section 6 of this article http://avalon.law.yale.edu/20th_century/decad031.asp
In plain language, if Congress approves forces for Article 43, then the President does not need further authorization to use those forces for Article 42 UNSC action. This is not what happened in Libya. The UN has never stood up Article 43 forces.
The UNPA does not exempt the President from authorization totally.
-Card-Carrying American
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(a) Inferences from any law or treaty
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 November 7, 1973), 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 states that it is intended to constitute specific statutory authorization within the meaning of this chapter; 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 chapter.
Bombing someone's country by your military is an ACT OF WAR.
The people who contend that they can redefine reality by calling a rose a sunflower are in need of psychiatric help.
A rose is a rose by any other name.
http://en.wikipedia.org/wiki/A_rose_by_any_other_name_would_smell_as_sweet
A war is a war by any other name.
WE have new realities in the world, time for new thinking and more informed criticism. Clearly citizens need to keep their institutions of Governance honest, but the best way to not try to fight the fighting of old wars when it is not applicable.
FDR:
Japan has therefore undertaken a surprise offensive extending throughout the Pacific area. The facts of yesterday and today speak for themselves. The people of the United States have already formed their opinions and well understand the implications to the very life and safety of our nation.
As Commander-in-Chief of the Army and Navy I have directed that all measures be taken for our defense, that always will our whole nation remember the character of the onslaught against us.
No matter how long it may take us to overcome this premeditated invasion, the American people, in their righteous might, will win through to absolute victory.
I believe that I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost but will make it very certain that this form of treachery shall never again endanger us.
Hostilities exist. There is no blinking at the fact that our people, our territory and our interests are in grave danger.
With confidence in our armed forces, with the unbounding determination of our people, we will gain the inevitable triumph. So help us God.
I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7th, 1941, a state of war has existed between the United States and the Japanese Empire.
President Franklin D. Roosevelt - December 8, 1941
Things haven't changed thatmuch.
You forget, we have our guy in the White House, so now it's ok.
USA
USA
USA
Obviuosly other countries feel the same way and the world seems to fed up with terrorism.
Al Qaeda attacked on the 11th. Congress authorized military force on the 18th.
When the case is compelling, Congress acts quickly. When it's not...well...doesn't that say something?
-Card-Carrying American
http://cardcarryingamerican.blogspot.com/
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Oh, wait......
Besides that, as it was not a joint resolution of both houses, it does not meet the statutory requirement of the War Powers Act.
-Card-Carrying American
http://cardcarryingamerican.blogspot.com/
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Why?
simple resolution - Designated "S. Res.," simple resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives.
Source: http://www.senate.gov/reference/glossary_term/simple_resolution.htm
Hence SR 85 is not a law,so does not provide statutory authorizatÂion
and to answer the next question:
Statutes are laws enacted by the legislature
http://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/Basics.cfm#IV
He has fired more cruise missiles and dropped more bombs than all other Nobel Peace Prize winners combined!