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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-11 08:32 AM
Original message
Power outage: Libya war shows limits of War Powers Act
Source: The Chicago Tribune

Under the War Powers Act, President Barack Obama had until Friday to get congressional authorization to continue U.S. military operations in Libya. But the day passed without his even asking for it, which means he has to disengage within 30 days. Obama may not heed that requirement either.

Some members of Congress, from both parties, are unhappy about the administration's disregard of the law. Six Senate Republicans wrote him a letter asking if he plans to meet its terms, while Rep. Dennis Kucinich, D-Ohio, says he'll introduce a bill to invoke the law in an attempt to force withdrawal.

Obama is on the horns of a dilemma. As a candidate, he said the president does not have the power to go to war on his own except in cases of actual or likely attack. But if he were to ask Congress to authorize the Libyan intervention, he would probably be rebuffed. So he's chosen to simply ignore the law.

But ignoring laws is not what presidents promise to do when they are sworn in. Unless Obama wants to make the case that it's unconstitutional, as some experts think, he should act (belatedly) to follow it or explain why the Libya operations don't qualify. The latter would be a stretch, but maybe Defense Secretary Robert Gates wants to elaborate on his theory that Libya is merely a "limited kinetic action," not a war.

more: http://www.chicagotribune.com/news/opinion/editorials/ct-edit-war-20110523,0,5044038.story
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-11 08:36 AM
Response to Original message
1. "But the day passed without his even asking for it"
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-11 08:40 AM
Response to Reply #1
2. And, if Congress choses not to act within the 30 days, will Obama
end the action?

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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-11 10:11 AM
Response to Reply #1
4. This is asking for authorization under the WPA?
"It has always been my view that it is better to take military action, even in limited actions such as this, with Congressional engagement, consultation, and support."

So taking military action without Congressional engagement, consultation, and support would merely be "worse" or less desirable? As opposed to "illegal"?

He wants an ally, not approval from his boss in this matter. Yet before it was the WPA that spared him from the Constitutional requirement, at least in the absence of his requirement that the US be in imminent danger of attack.

No. He doesn't think he needs approval. He wants support. He wants solidarity. He wants commonality of (his) purpose. Support doesn't usually come from above; support comes from below, or perhaps from the side.

He states whence his authorization, but that's an argument that played out on DU 55-63 days ago.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-23-11 11:32 AM
Response to Reply #4
5. Great points. Whether he asked for authorization or not, absent an
act from Congress, this will likely cross into an unconstitutional operation in 30 days.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-24-11 08:06 AM
Response to Reply #1
6. Asking for a resolution of support is not asking for authorization.
The time has passed, Obama has 30 days to end the US involvement in the war.
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karynnj Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-24-11 08:09 AM
Response to Reply #1
7. I guess the Tribune needs its own personal copy of the letter to believe it
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Gravel Democrat Donating Member (598 posts) Send PM | Profile | Ignore Mon May-23-11 08:46 AM
Response to Original message
3. George W stopped turning for a second to whisper this:


"The constitution vests the power of declaring war in Congress;
therefore no offensive expedition of importance can be undertaken
until after they shall have deliberated upon the subject
and authorized such a measure."

George Washington

a smart dude:
http://www.brainyquote.com/quotes/authors/g/george_washington.html

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Enrique Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-25-11 12:11 AM
Response to Original message
8. repeat after me
"I like Barack Obama".
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