Unconstitutional Authority

By Doug Bandow on 6.17.11 @ 6:08AM

Presidents routinely claim the authority to take America into war. Congresses just as routinely fail to prevent presidents from doing so. President Barack Obama, a one-time law professor, is proving to be no different.

First he ignored the Constitution's clear division of powers. Article 1, Sec. 8 (11) of the Constitution states that "Congress shall have the power… to declare war." Declare means initiate. 

For good reason the Founders intended to allow presidents to repel sudden attacks. The president also may initiate limited military action not intended to create a state of war -- killing Osama bin Laden, attempting to rescue hostages in Iran.

President Obama had an obligation to go to Congress before he intervened in Libya.

Nevertheless, he ordered the bombing of Libyan military forces and installations without legislative approval. Still, he acted to comply with the War Powers Resolution, which set the clock ticking on March 19. The alarm went off two months later, when the WPR required the president either to end hostilities or win congressional authorization.

The U.S. had spent two months killing Libyan personnel, destroying Libyan materiel, and attempting to overthrow the Libyan government. The secretary of defense had admitted that if he was a Libyan being targeted by American weapons, he probably would perceive it as a war. The secretary of state extolled Washington's contribution to the war effort while lobbying the Europeans to do more. 

However, the president explained to Congress that the U.S. wasn't actually doing much at all -- just some "limited" operations in a "supporting" role. Really nothing to worry about or even notice. Certainly not enough to call a war. Legislators should just go back to their offices and let him get on with his splendid little kinetic military action!
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Unconstitutional Authority