Obama Claims The UN Can Usurp Congressional War
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Jun 16, 2011 07:31 pm | Jeff Dunetz

* The Congress shall have Power....  To declare War, grant Letters of Marque
and Reprisal, and make Rules concerning Captures on Land and Water; To raise
and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years; To provide and maintain a Navy; To make Rules
for the Government and Regulation of the land and naval Forces; To provide
for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions...* *Article One, Section Eight of the US
Constitution.*

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Earlier this week Speaker Boehner sent a letter to the President warning
Obama that he will clearly will be in violation of the 1973 War Powers Act
as of this weekend as the POTUS did not seek congressional consent for the
operation within 60 days of the March 19 U.S. air strikes against Moammar
Gadhafi's forces.

"Either you have concluded the War Powers Resolution does not apply to the
mission in Libya or you have determined the War Powers Resolution is
contrary to the Constitution," Boehner wrote. "The House and the American
people whom we represent deserve to know the determination you have made."

Yesterday the President gave his response. He sent a 30+ page report
(embedded below) justifying continued military involvement U.S. military
involvement is “legitimated” by the UN Security Council – saying that
therefore no congressional authorization is needed.

* U.S. forces are playing a constrained and supporting role in a
multinational coalition, whose operations are both legitimated by and
limited to the terms of a United Nations Security Council Resolution that
authorizes the use of force solely to protect civilians and civilian
populated areas under attack or threat of attack and to enforce a no-fly
zone and an arms embargo*.

A major problem with that argument is that the Constitution's provisions
regarding the United States use of military force mentions Congress, but it
doesn't mention the United Nations as having the right to legitimize the use
of American forces.

The President's statement brings to mind George Washington's farewell
address
<http://jeffdunetz.us2.list-manage.com/track/click?u=9a443c8dc3ed9a1571202cde1&id=5388d1a90b&e=32e3e3a702>where
he said:

*So likewise, a passionate attachment of one Nation for another produces a
variety of evils. Sympathy for the favorite Nation, facilitating the
illusion of an imaginary common interest, in cases where no real common
interest exists, and infusing into one the enmities of the other, betrays
the former into a participation in the quarrels and wars of the latter,
without adequate inducement or justification.*

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The administration also claims that its actions are not governed by the War
Powers Act because the U.S. involvement does not constitute “hostilities” –
the term used by the act to limit the time the president may commit U.S.
forces into combat.

*The President is of the view that the current U.S. military operations in
Libya are consistent with the War Powers Resolution and do not under that
law require further congressional authorization, because U.S. military
operations are distinct from the kind of “hostilities” contemplated by the
Resolution’s 60 day termination provision.*

Maybe its me, whether the action is right or wrong,when one nation drops
bombs on another that represents hostilities.  It is also interesting that
the President *says further congressional authorization, *as the operation
has never been authorized by Congress.

Whether you agree with the rationale behind placing Americans in danger by
participating in the Libya operation or not, the President's explanation
sets dangerous precedent that congress needs to address. Who is allowed to
"legitimize" the use of American Military, Congress or the United Nations?
The Constitution would say Congress.  Additionally what is the definition of
hostilities? Are bombing operations considered hostilities?  Embargoes?  Is
it "anything goes" as long as there are no troops on the ground?

The answers to these questions are vital to the future direction of the
Country, our use of military force, and most importantly are we a sovereign
nation or a vassal state of the UN

The President's entire response is below.
United States Activities in Libya
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