The President and the Law: Libya (AKA Libya, Where Art Thou?)



Have you heard much about Libya?

No?

Well, let's fill in the blanks:

If you don't remember, President Obama, under pressure from European allies, ordered air attacks on Libya as a "humanitarian effort." 

Obama ordered these attacks under the War Powers Act (or WPA).

Now, many,many people feel that the WPA is unconstitutional, as it allows the President to declare war, which under the Constitution is reserved to Congress.

But, WPA is the law of the land at the moment.

However, WPA limits the President's power to order out troops.  He may only instigate combat if  there is a "national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” 

That doesn't seem to fit in Libya.

The WPA also said that the President can start a war under the direction of Congress, i.e., if there is (1) "a declaration of war {by Congress}, or (2) "a specific statutory authorization" {again, by Congress' authority}.

Furthermore, Obama KNOWS that this is illegal, as he said in 2007, “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.”

Now, to add insult to injury, the WPA also specifies that the President must ask Congress for approval to continue combat, OR withdraw the troops he's ordered out.

That deadline was May 21st.

So, did President Obama ask Congress' permission?  In a word, NO.

Obama is acting against the law of the land. 

Sending our men and women into harm's way in a totally unlawful and unconstitutional war.

Furthermore, Congress has said nothing about this flagrant abuse of power.  Nada.  Zilch.

They are as derelict as Obama.