Skip to comments.Democrats catching impeachment fever? Obama's actions in Libya Unconstitutional.
Posted on 03/20/2011 5:15:32 PM PDT by SeekAndFind
If nothing else, Dennis Kucinich is consistent. He wanted to push articles of impeachment against George W. Bush and Dick Cheney over the Iraq war, which his own party’s leadership squelched in the summer of 2008 — when Bush’s term had all but expired anyway. Kucinich and John Conyers instead had to settle for “impugnment hearings,” which one witness called “slightly demented.”
Now we have another military action from another president, this one without the cover of a Congressional authorization to use military force, and Kucinich wants to crank up the impeachment process, pun most certainly intended:
A hard-core group of liberal House Democrats is questioning the constitutionality of U.S. missile strikes against Libya, with one lawmaker raising the prospect of impeachment during a Democratic Caucus conference call on Saturday.
Reps. Jerrold Nadler (N.Y.), Donna Edwards (Md.), Mike Capuano (Mass.), Dennis Kucinich (Ohio), Maxine Waters (Calif.), Rob Andrews (N.J.), Sheila Jackson Lee (Texas), Barbara Lee (Calif.) and Del. Eleanor Holmes Norton (D.C.) all strongly raised objections to the constitutionality of the presidents actions during that call, said two Democratic lawmakers who took part.
Kucinich, who wanted to bring impeachment articles against both former President George W. Bush and Vice President Dick Cheney over Iraq only to be blocked by his own leadership asked why the U.S. missile strikes arent impeachable offenses.
Kucinich also questioned why Democratic leaders didnt object when President Barack Obama told them of his plan for American participation in enforcing the Libyan no-fly zone during a White House Situation Room meeting on Friday, sources told POLITICO.
Technically, of course, Kucinich and other progressives are correct in that the Constitution doesn’t allow for Presidents to initiate military action without the involvement of Congress unless an immediate threat to American national security arises, the “clear and present danger” exception. One Constitutional scholar put it best 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.
We’d get a clarification from this source to determine whether this applies to the current situation, but he’s traveling through South America at the moment and isn’t terribly engaged on this issue.
Traditionally, though, consultations with Congress have sufficed in the past. For instance, Congress didn’t specifically authorize Ronald Reagan to attack Libya in 1986 in Operation El Dorado Canyon, a retaliation for a terrorist bombing that killed American troops in Germany at a nightclub. Reagan consulted Congressional leadership before ordering the attack, an act of war by any definition. Presidents have conducted similar military actions without formal acts of Congress to authorize them, meaning it has a long precedent, even if it’s not necessarily a good idea. According to the report and Kucinich’s own objection, Obama did consult Congress before engaging in Operation Odyssey Dawn.
It’s certainly amusing in a small manner to see Obama get hoist with his own petard, but Kucinich is just as silly as ever in suggesting that impeachment proceedings should start over that action. Now, if we want to ask whether Obama should get called to Congress to account for his absence from the White House as he sent the American military into hostile action against Libya, that might be worth highlighting.
Quite likely, but the net effect is to make any Conservatives who make the same complaint seem more "reasonable"--which could backfire. After all, we's eckstreemists!
FUBO, have fun in Brazil while you send Americans to war.
Soebarkah is a slimy Islamic Ramadan celebrating Kenyan POS who has no respect for America.
Sen. Graham: Obama Did Not Need To Seek Congressional Approval (hotair, video)
I just want to know what the HE$$ Obamas Exit Strategy is.
Suicide like Adolf Hitler?
All fascists who wield power like this meet tragic ends.I do not believe that history will show Obama/Soetoro/Davis/Dunham, or whoever he truly is,to be much of an exception.
The real question is how many he will take with him.The running count now is in the tens of thousands since Kenya in November of 2007.
Who will stop him? Enquiring minds want to know.
Dubya received authorization from the Congress and even from UN’s Security Council (not that he needed it as a US President) before he launched Iraqi campaign. Still, the left kept calling it illegal war. Glad that at least some of them are consistent.
FYI: Ohio Ping list; Dennis Kucinich again mentioned.
Special thanks to SunkenCiv for his ping!
Uh...you'd think the author might have chosen a different example. I'm not seeing where the current action has killed Americans. And the action was in retaliation to a terrorist bombing not assistance in overthrowing a sovereign nation/leader.
I noticed that too the other day.
I say if they support this action by 0bama...then enlist or better yet...draft them.
The democrats have been trying to re-institute the draft for a number of years now. I’m sure they have already dusted of the bill and adjusted the wording for the current conflict.
Q. "In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites a situation that does not involve stopping an IMMINENT threat?)"
OBAMA: "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."
I think he should be offered the opportunity to save face and resign.
Well . . . we will have to wait, and see how this all plays out with the RATS and the media.
Although I am pleased to see that Gadaffy is finally going to get what he deserves, there’s no doubt this has happened simply because 0bama went off-teleprompter and said Gadaffy needs to step down. It was impolitic, it was incredibly foolish, but having said it 0bama must make it so or lose face. America likewise, since he is regrettably POTUS.
The best outcome is a quick kill. Best for all, regardless who the rebels are or what they espouse politically. We can deal with that later.
Morrissey is full of hot air. His last few lines suggest that the president truly can do whatever he wishes.
He cannot. It is clearly unconstitutional to be engaged in offensive military action without congressional authorization. I don’t know what’s hard about it. Congress’ authority is clear as is the president’s.
Bingo!.............you beat me to the punch!
The far lefty dims/marxists are slowly but in-exorably coming to their senses and realizing that this man is simply waaaaayyyyyyyy in over his head and unless they can get rid of him somehow they are going to get wiped out in 2012 in a clean sweep of the house, senate and White House with a goodly number of the senators and reps being Tea Party folks!
The dims should build a monument to Obama in Chicago, about 150 stories high, as the one man who single handedly destroyed the Democratic Party permanently! To us independents, that makes it (enduring the Obama years) almost worth it.
The magic number in the Senate is about 70 since there will always be a few Rino’s and about 295-300 in the house allowing for a few Rino’s there. Then, maybe, just maybe, we can get some constitutional ammendments and I do mean “SOME”...............as in several!
Impeachment would be one way of diluting their 2008 mistake!
Maryland “Freak State” PING!
National socialist or World socialist which is worse?