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War Powers Act


Obama: ‘President Does Not Have Power under Constitution to Unilaterally Authorize a Military Attack’.

“The War Powers Act” (1973) allows the use of military if is needed to stop an actual or imminent attack on the United States.

The War Powers Act may be unconstitutional, but it also makes some sense.  The Constitution says: “The Congress shall have Power…To declare War” (Article 1, Section 8) and “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments…” ( Article 2, Section 2)

Congress has not declared war.  Congress has not called upon the President to become Commander in Chief.  The President did not obtain written opinion from Congress or the Justice Department.  The United States was not under actual or imminent threat of attack from Libya.

Is it time to begin Impeachment hearings against our President who promised to “Protect and defend the Constitution of the United States” (Article 1, Section 1)?

Here are some links to the War Powers Resolution/Act:
What is the War Powers_Act
The War Powers Act
War Powers Resolution

Update 04/08/2011: (CBS/AP) WASHINGTON - The United States may consider sending troops into Libya with a possible international ground force that could aid the rebels, according to the general who led the military mission until NATO took over.

Update 05/20/2011:  "Friday is the final day of the statutory sixty-day period for you to terminate the use of the United States Armed Forces in Libya under the War Powers Resolution."  The Constitution says the attack on Libya was unconstitutional, but Obama argued he had the power to attack Libya under the War Powers Act, which he is now ignoring.

Update 05/21/2011:  Rep. Brad Sherman, D-California, tells CNN he believes Obama is trying to “bring democracy to Libya while shredding the Constitution of the United States.”  Sherman continued to say, “He cannot continue what he is doing in Libya without congressional authorization.  When a president defiantly violates the law, that really undercuts our efforts to urge other countries to have the rule of law.”

UPDATE 05/24/2011: Congressman Dennis Kucinich (D-Ohio) questions whether the strikes [on Libya] should be considered an "impeachable offense.

UPDATE 06/15/2011: A bipartisan group of House members announced on Wednesday that it is filing a lawsuit charging that President Obama made an illegal end-run around Congress when he approved U.S. military action against Libya.  By Sept. 30, the end of the fiscal year, [the cost of Libyan conflict] will have grown to $1.1 billion.

UPDATE 06/17/2011: 2 Top Lawyers Lost to Obama in Libya War Policy Debate.   Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department's Office of Legal Counsel, had told the White House that they believed that the United States military's activities in the NATO-led air war amounted to "hostilities." Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.  




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