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Did President Obama violate the Constitution or federal law when he ordered the U.S. military to take part in coalition attacks on forces loyal to Moammar Khaddafy in Libya?
The Constitution itself doesn't answer the question, because it gives Congress authority "to raise and support Armies," "to provide and maintain a Navy," and "to declare War." But it also provides that, "The President shall be Commander in Chief of the Army and Navy of the United States."
Congress has formally declared war only five times in U.S. history -- for the War of 1812, the Mexican War, the Spanish-American War, and World Wars I and II. But presidents have approved dozens of military actions with no such declaration, including the Korean conflict and the war in Vietnam.
Well over 100 military operations were ordered without any advance Congressional authorization at all. Recent examples include actions in Grenada, the overthrow of Manuel Noriega in Panama, and intervention in civil wars in Bosnia, Kosovo, and Macedonia.
A federal law, the War Powers Act of 1973, requires the president to consult with Congress "in every possible instance" before deploying U.S. forces. An exception was made for emergencies created by attacks on the U.S. or its armed forces.
Some legal scholars conclude that President Obama violated the law's requirements, when he failed to seek congressional approval.
"Judging just from the pictures of what we are seeing happening on the ground, this is quite substantial, and this is the sort of thing that would have needed Congressional approval," said Professor Oona Hathaway of Yale Law School, an expert on executive power and international law.
While the president has stressed the international component of the operation, she believes that makes no difference. "The fact that the Security Council has authorized an imposition of a no-fly zone does not answer the constitutional questions," she said.
But one former official who advised President George W. Bush said that while the decision to deploy U.S. forces in the Libyan operation was a political and strategic mistake, it's entirely legal.
"Congress raises and supports the military, but the president is the commander. Declaring war and making war are two different functions. There's no question President Obama has the authority to do what he did," the official said, asking that his name not be used.
Mr. Obama's actions are consistent with the way every president since Richard Nixon has treated the War Powers Act, choosing to notify Congress only after a decision has been made to sign orders authorizing military operations.
His actions do, however, appear to contradict the view he expressed as a candidate. In December 2007, he told Charlie Savage, then of the Boston Globe that a 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."
So who's right? Constitutional questions, and legal battles over violations of federal laws, are normally resolved by judges. But this is an area where the courts have been reluctant to tread, unwilling to referee what they see as disputes between the political branches of the government.
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This article stinks to high heavens!!! No one who was quoted has their name in the article. It is all bulls__t.
Come on NBC, this article is junk. We the American people do not accept such sloppy and inaccurate journalism.
Get a real job and stop making things up on a whim!
The National Broadcasting Company is dedicated to negative mind control...
Why should this day be any different from any other?
He broke the law but there are certain standards that are more important than law.
Doing stupid over and over is much more harmful than breaking a few laws.
He has gotten the being stupid over and over again down pat. You would think that eventually he would get the clue that we are going to throw him out for all this stuff in Nov 2012.
Black_belt3! You have a fantastic point! 2 years of stupid, socialist, s h i t = obammy.
x mel - do you have an off switch? If so, please turn it on. Thanks
Just more proof that Obama is a liar and a rank hypocrite. During the primary 2008 campaign he said he was against the war in Iraq because while Husein was "a brutal and ruthless man"... "who butchers his own people to secure his own power" but nevertheless "he posses no imminent and direct threat to the United States or his neighbors." He called the war in Iraq a "dumb" war.
So now, Obama supports going after Qaddafi who is nowhere close to the danger that Hussein was. What a liar and fraud and hypocrite. He only did so after being shamed into it by the likes of France and the worthless thugs and two bit dictatorsat the UN. And what we are doing in Libya is not dumb????? We don't even know who these rebels are. Probably more radical Muslims looking to create another country under Sharia law sow they can stone women to death for adultery and cut off all the infidels heads. Talk about a dumb war Mr. President Odumba
O and all you who support Obama that might whine and cry over this post and ask for support of my quotes of Obuma, just google Mona Charen and Obama Hypocritical on War. Read it and weep.
Obama is the worst president we have ever had. More evidence that liberalism is a mental disorder and that the American public gets stupider by the day.
MountainView-this could be the best post I have ever read! Liar and fraud and hypocrite, OH MY! If only this were the Land of Oz instead of the USA. No longer will Jimmy Carter hold the title of "worst president in history". Obammy now holds the record-doing the most damage in a 2 year period.
Yes it is hard to believe that anyone could do more damage than Carter. But the thing the gets me most about Obama is not the damage he is doing cause he has to share the blame with the worthless do nothings in congress. I know that is hard for a arrogant narcissist like Obama to share anything. After all when you are the messiah, you shouldn't have to share, just be worshiped. No, what gets me most about him is his hypocrisy and open faced lies. Only Bill Clinton was a more pathological liar. Never thought I would find someone who made me want to vomit when ever I hear them speak more than Barbara Boxer or Pelosi, but Obama has topped them both. The air of arrogance that he puts out is truly astounding.
NEW WORLD ORDER!! An International government (all or most countries) who's laws superceed national laws (constitutions)
Bush SR. was a New World Order man!
Bush Jr. was a New World Order man!
VP Cheney was a New World Order man!
Obama is a New World Order man!
As to VP Biden who knows? Is he alive?
New World Order. Just in case you didn't know, that is exactly what Jesus the Christ had in mind- a new world order. Paul of Tarsus, my favorite candidate for "the" anti-christ, and Emperor Constantine put an end to that by co-opting His following and substituting Pharisaism. It would be wonderful to have a new world order that was based on something other than institutionalized greed (modern capitalism as practiced) and violence. New World Order? PLEASE!
The last 2 times we hit Libya by itself was by presidential decrees. 1804, 1986. Check your history Teahadis, and remember, YOUR NEXT!!!
from HumanEvents.com:
In fact, there is considerable evidence to the contrary. Eastern Libya, where the anti-Gaddafi forces are based, is a hotbed of anti-Americanism and jihadist sentiment. A report by West Point’s Combating Terrorism Center reveals that during the last few years, more jihadists per capita entered Iraq from Libya than from any other Muslim country—and most of them came from the region that is now spearheading the revolt against Gaddafi.
That may explain why Libyan protesters have defaced Gaddafi’s picture with the Star of David, the hated symbol of the Jews, whom the Koran designates as the “strongest in enmity” toward the Muslims. There has been a notable absence among the protesters of anything equivalent to “Don’t Tread On Me” flags or other signs that what the uprising is really all about is establishing the ballot box and the hearty give-and-take of open-society politics. The Libyan protesters have chanted not “Give me liberty or give me death!” or even “Democracy, whiskey, sexy,” but “No God but Allah!”
Did Obama violate the Constitution with Libya military action?
The simple answer is YES.
The relevant sections of the War Powers Act are:
50 U.S.C. § 1541 (c)
http://codes.lp.findlaw.com/uscode/50/33/1541
50 U.S.C. § 1542
http://codes.lp.findlaw.com/uscode/50/33/1542
50 U.S.C. § 1543
http://codes.lp.findlaw.com/uscode/50/33/1543
50 U.S.C. § 1544
http://codes.lp.findlaw.com/uscode/50/33/1544
It amazes me that there is so much verbage in response to the question asked....... The answer is NO he did not.
Thanks Ray - you are correct, he did not violate the constitution (despite what the wack jobs wish to believe).
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If he did violate the law, it is only one of the laws he chooses not to enforce. No big deal according to the libs.
One of the first things you learn in law school is to identify the key issues---you can't always know the answer to every issue that will confront you off the top of your head, but if you know what the issue is, you can then go and seek out the answer and proceed accordingly. Knowing that he has been through law school and taught at a law school, I have every confidence that President Obama recognized this potential issue and had the appropriate research conducted.
"Mountainview", Eh? Appalachian are we? Sorry. That one was below the belt, but I couldn't help myself.
At least Obama and the Democratic party have been attempting to solve the country's enduring ills instead of hatching various schemes that aggrandize the rich. I happen to think that Republicanism is a disease that can be stamped out in our lifetime. The next election cycle will be a good start.
Hussein was not a danger to the U.S. unless you count that picture of him shaking hands with Donald Rumsfeld. Coulda' busted Rummy's hand. WMD's have to be delivered to their target Mountainview. How was Hussein supposed to deliver WMD's to your mountains WITHOUT an ICBM? Bush wanted control of the region's oil.
Ever see the movie "Three Days of the Condor" with Robert Redford? In that movie a lowly CIA clerk discovered a wing within the CIA that was planning to invade the Middle East for,........wait for it,..........OIL! That movie came out in 1975 or so. Just after Bush's stint in the Nat. Guard where he evaded combat service. Fast forward to 2002, and that movie's plot line came to be.
Want to hurt Osama bin Laden Mountainview? Get a fuel efficient car. That is by far the worst thing you could do to him. Gasoline sales fuels terrorism. People who hate America. You know. Like the Republican Party.
you totally avoid the issue of my post about the absolute hypocritical 180 degree change in Obama policy from the campaign to now. Furthermore, the argument in Libya is that civilians were being killed. Are you actually trying to say the there were no civilians being killed in Iraq? If you are then you are either a fool or have been smoking too much dope, or both. You can blather on all you want about movies and gasoline sales. They have nothing to do with the point. Obama is a lying hypocrite and you can's face the truth on that.
P. S. I'm not from Appalachia, what a bigoted thing to say. Besides you must have gotten your geography education from the public school system if you think that is the only place where there are mountains. Your condescending bigotry is showing. It rather be from Appalachia than Detroit any day.
By the way Greg, just saw the headline on MSNBC that Detroit's population has shrunk by 25 %. Do you think any of those people who left your great city might have gone to Appalachia? Just wondering.
Greg - You go guy - good post. Thanks
The War Powers Act of 1973 is misrepresented by the article. The WPA requires the president to notify Congress within 48 hours of the onset of an action and if no authorization or declaration of war is forthcoming within 60 days, to end action and remove troops after another 30 days.
The difference between this action and Iraq and Afghanistan is Congress authorized force in the latter two.
So, our attack on Libya is "legal", but opens a whole new slew of questions and issues as we again attacked another country that did not attack us and inserted ourselves into a civil war.
Well stated Dr. JS!
This is a strange report:
The Sydney Morning Herald:
Libyan leader Muammar Gaddafi's associates have been reaching out to their contacts worldwide to see how they can "get out of this", US Secretary of State Hillary Clinton has told ABC News.
"We've heard about ... people close to him reaching out to people that they know around the world - Africa, the Middle East, Europe, North America, beyond - saying what do we do? How do we get out of this? What happens next?" Clinton said on Tuesday.
"I'm not aware that he (Gaddafi) personally has reached out, but I do know that people allegedly on his behalf have been reaching out," Clinton said according to excerpts of the interview to be broadcast on ABC World News.
Clinton said she has heard reports that one of Gaddafi's sons may have been killed in the coalition air strikes that were launched on Saturday in support of the no-fly zone and protect Libyan civilians.
However, she said the "evidence is not sufficient" to confirm his death, according to the interview conducted by Diane Sawyer.
If indeed a Gaddafi son has been killed, it would not have been the result of US military action. The forces launching air strikes have also involved those from France and Britain.
Clinton said the United States will transfer the lead for the military operations to some other authority within days, but could not say if it would be on Saturday, a week after the air strikes began.
"Whether it's by Saturday or not depends on the evaluation made by our military commanders along with our allies and partners," she said.
Obama saved live at home with ObamaCare. He saved lives abroad with the Libyan no-fly-zone.
I shudder to think what you would do if you were president if your definition of being saved is Obama care. And it is a bit soon to make any conclusions about Libya being saved from anything. You sound a bit like Bush when he made the stupid statement on ship about the war in Iraq being over. Guess you an Bush have more in common than you thought.
How's that Greg? By attacking a sovereign country that was trying to defend itself against an armed insurrection?
I could not see my post so I will try again. I am glad no one came to rescue the South during the Civil War
Actually the South did have a benefactor during the Civil War, it was Great Britian but the North had a Naval Blockade in place so they didn't actually help much. Shows you the power of a strong Navy !
Still can not find my post. I am glad no one came to the rescue of the South during the Civil War
I love it. The libs are all up in arms that their Beloved is using President G W Bush as his role model..He extended the Patriot Act, President Bush's Taxes, The Cuban Prison, and now sending in Troops for Humanitarian Reasons..
Hell if he keeps this up I might vote for him in 2012.. Long Live President G W Bush, and his policies.
Great point!
So you should have no problem with him then, eh Republican? Maybe he'll increase the benefits for mental treatment in ObamaCare. There's hope for ya'.
BTW George W. Bush and his policies will indeed endure long.
Every year about 4,000 ex-republican military families will mourn the empty chairs at their Holiday tables.
All for nothing.
AA Republican, I've mentioned that before. You guys should be falling all over yourselves in support of Obama. Me? Not so much.
Indy, great minds think alike..Maybe you should come on over to the other side.
Never! Besides, you don't want me, I'm a Chomskyite. :0)
well this is different, I certainly don't often jump in here to defend Obama but.... As Commander in chief of the armed forces he does Not have to consult congress when enforcing a UN sanction. Bush did consult congress and received their approval, but he did not have to do it.
Well said and exactly correct !
I believe President Obama is better, or has the potential to be better than most presidents, but he has screwed up royally. I would fully support him being impeached - IF Cheney-Bush II were tried for their war crimes. If not, no effing way. To impeach one for trying to save lives and let two true war-mongers (in the purest sense of the word) and defacto mass murderers off scott free is an absurdity of terminal implications.
wordweevil recommend you read President Bush's book Decision Points you may have a different opinion after. He details what led to the decision and it may enlighten you. Every President entering into conflict could be tried for war crimes including Obama. Reference his use of drones in a sovereign without their governments approval.
MUW key word in Senator Lugar's speech "IF"
Much ado about nothing President Obama had the right to do what he did, now he has to explain it to congress and get their approval or remove all U.S. forces in 60 days.
Typical NBC faulty reporting... why didn't you mention the fact that as a candidate just one month before the election Obama said he the President should and could authorize military action for humanitarian purposes.
NBC-MSNBC sounds more like Fox False News every day.
As Sen. Luger said today "If Obama has violated the US Constitution and needs to be impeached well then every President in the last 20 has also done it"! Duh?
Well if he is Mass Murder then every President we have had in the last 20 years is one also, so what does that tell you about US?
60 years. Truman did not consult congress before invading Korea.
Bob so that makes it RIGHT? Hmm somebody killed somebody else 60 years ago so we have "GRANDFATHERED" this power into the US Constitution under the table?
Make War does not mean START WAR!
Yet another Dem.
Sorry Ms. Avatar you are wrong as always!
I am an AMERICAN FIRST AND FORMOST!
Only outdated programs like yours still think in Demo vs Republo...............
Hell Yes he violated the Constitution! Impeach his ass NOW!
Libya = Obama's illegal war.
Even the Dems finally admit he's an idiot and can't be trusted.
He's an empty suit and an incompetent fool. Hope he's enjoying his vacation in Rio though. He deserves to stay a lot longer for all the destruction he's causing.
So are they taking away his Nobel Peace Prize now? I heard they were asked to. ROFLMAO!!
When do you think he'll address Americans to tell us he's invading Libya? Next month perhaps? LOL! He doesn't even know why were there, so I guess it would be difficult for him to explain it to us.
Or maybe the teleprompter is keeping it secret from him?
VDO gets paid by the post.
No Mickey - they are now being paid these days by the numbers of responses - Starve a troll you know!
At least I'm not a welfare rat...
You're right -after reading your @!$%# - you're a good old fashion sewer RAT! *holding nose*
Your right your not a RAT.
You are a Corporate AVATAR managed by a paid Persona like 100's of others posts, put here to create a false feeling of Bankster Consensus!
FU Feisty! You're the one who lives in the sewer - Illinois!
How's that HUGE tax increase going for ya? LOL! You deserve it!
The most interesting thing about all of this is for 8 years the libs said the President Bush was a "dummy". They raved how "smart" President Obama is.
Now all of you libs here is my question. If this President is following the same policy as his predecessor, is the predecessor smarter than this President, or is this President dummer then his Predecessor?
I vote for the President is dumber than his predecessor.
For all the Bush policies that the lefties absolutely HATED...they sure don't mind it at all when Obama just continues with them.
At least Bush told us the game plan before we went to Iraq, and we had a goal in mind. No idea what we're doing in Libya except spending billions on shooting off some missiles. So we want Kadaffy out, but then decide it's okay for him to stay - so he can slaughter the rest of the people when we leave.
Great job, Odumbo! What a joke you turned out to be!
BOTH! Bought and paid for by the SAME people!
PAUL/NADER 2012 and lets show them what REAL Conservatives & REAL Liberals can to do working TOGETHER!
Paul is looking better every day!!
I heard if Ron doesn't run, Rand might!
Ron & Ralf and been talking recently about seeing eye to eye over most issues, only the Banksters blur the lines with all the FAUX nonsence!
Who's side are WE on? the 2% of the Uber Rich or the 98% of the rest of US?
Top income rate under Eisenhower was 91% under Nixon it was %74.
What changed in America?
Revolutionary War - The French Helped Us Tremendously -
From the perspective of the American Revolution, however, the high point of French support is the landing of five battalions of French infantry and artillery in Rhode Island in 1780. In 1781, these French troops under the command of Count Rochambeau marched south to Virginia where they joined Continental forces under Washington and Lafayette. Cornwallis, encamped on the Yorktown peninsula, hoped to be rescued by the British navy. A French fleet under the command of Admiral DeGrasse intercepted and, after a fierce battle lasting several days, defeated the British fleet and forced it to withdraw. This left the French navy to land heavy siege cannon and other supplies and trapped Cornwallis on the Yorktown peninsula.
At that point, the defeat of Cornwallis was essentially a matter of time. On September 14, 1781, the French and Continental armies completed their 700 mile march and soon thereafter laid siege to the British positions. After a number of weeks and several brief but intense engagements, Cornwallis, besieged on the peninsula by the large and well-equipped French-American army, and stricken by dysentery, determined to surrender his army. On October 19, 1781, the British forces marched out between the silent ranks of the Americans and French, arrayed in parallel lines a mile long, and cast down their arms.
George Woodbridge summed up the Yorktown campaign in the following words: "The strategy of the campaign was Rochambeau’s; the French fleet was there as a result of his arrangements; the tactics of the battle were his; the American army was present because he had lent money to Washington; in total naval and military participants the French outnumbered the Americans between three and four to one. Yorktown was Rochambeau’s victory.
________________
Interesting isn't it? Our rebels were almost to the breaking point until Valley Forge.
Enter Baron Freidrich von Steuben, a Prussian drill master and the Regimental Camp Followers.
And before you know it - "'tis done. We are a Nation." Bejamin Rush
It wasn't easy.