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Is Obama's Use of Military in Libya Constitutional?
Townhall.com ^ | March 23, 2011 | Terry Jeffrey

Posted on 03/23/2011 9:43:09 AM PDT by Kaslin

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1 posted on 03/23/2011 9:43:13 AM PDT by Kaslin
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To: Kaslin
OBAMAIWON
2 posted on 03/23/2011 9:46:26 AM PDT by FrankR (The Evil Are Powerless If The Good Are Unafraid! - R. Reagan)
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To: Kaslin
Is Obama's Use of Military in Libya Constitutional?

According to Baraq Obama and Joe Biden: Of course it's Constitutional, because Obama is not a Republican.

3 posted on 03/23/2011 9:48:50 AM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: Kaslin

A Kenyan born citizen can declare war when ever he wants.

He’s not bound by our constitution.


4 posted on 03/23/2011 9:53:23 AM PDT by PA-RIVER
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To: Kaslin

Substitute “Bush” for Obama and ask the question.

The War Powers issue is a non-starter for me. All Presidents have done the same thing that Obama did.


5 posted on 03/23/2011 9:54:06 AM PDT by bigbob (u)
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To: Kaslin

We need to reign in the Executive power back to its Constitutional bounds and this includes the power to wage war. Arbitrarily starting wars is a sign of dictatorship regardless of the party in power.

The problem is Congress won’t enforce its own War Powers Act and the people, not touched by war’s devastation and loss, are blissfully ignorant.


6 posted on 03/23/2011 9:54:40 AM PDT by 1010RD (First, Do No Harm)
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To: Kaslin
Is Obama's Use of Military in Libya Constitutional?

Not in the United States of America.

Maybe in France?

7 posted on 03/23/2011 9:54:55 AM PDT by Iron Munro ("Our country's founders cherished liberty, not democracy." -- Ron Paul)
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To: Kaslin

It’s rather silly to ask if a usurper’s actions are constitutional. If Obama was qualified for the job, then his actions would be legitimate, despite his questionable capabilities and motives.


8 posted on 03/23/2011 9:55:52 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: bigbob

Since I am unaware that they have, please give me examples. I don’t think Clinton did, but Bush and Bush Jr. got Congressional approval.


9 posted on 03/23/2011 9:56:25 AM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: Kaslin

The House of Representatives holds the funding for any such operation. If they don´t like it - and they were purposely ignored for the Libya operations - they can cut off funding any time.


10 posted on 03/23/2011 9:57:10 AM PDT by onedoug (If)
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To: Pollster1
It’s rather silly to ask if a usurper’s actions are constitutional.

THANK YOU!!! That is my first thought every time I see some insidious reference to the constitutionality of anything this usurping poe does.

11 posted on 03/23/2011 10:00:49 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: bigbob
Substitute “Bush” for Obama and ask the question.

Is Bush's Use of Military in Libya Constitutional?

When exactly did President Bush, either one of them, invade Libya?

12 posted on 03/23/2011 10:03:45 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: bigbob
P.S.

All Presidents have done the same thing that Obama did.

Who did President Bush invade/bomb with only a single protracted UN resolution, 2 "broad coalition" partners and no discussion with congress, let alone their approval?

Seriously...who and when? I must have been in a coma at that time.

13 posted on 03/23/2011 10:07:33 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: bigbob
All Presidents have done the same thing that Obama did.

Care to back that up with facts? Bush never did 'the same thing.'

14 posted on 03/23/2011 10:13:58 AM PDT by ohioWfan (Proud Mom of a Bronze Star winner!)
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To: Kaslin
His authority derives from a different document...


15 posted on 03/23/2011 10:20:38 AM PDT by Dr. Sheldon Cooper (If Mohammed were alive today, he wouldnÂ’t be allowed to live within 1000 yards of a school.)
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To: 1010RD

“We need to reign in the Executive power back to its Constitutional bounds and this includes the power to wage war.”

Absolutely. Just because other Presidents before him have done it, Doesn’t excuse it. There’s nothing In Libya to win. Libya this week, What’s Next?

Rhode Island? Texas?


16 posted on 03/23/2011 10:21:55 AM PDT by To-Whose-Benefit? (It is Error alone which needs the support of Government. The Truth can stand by itself.)
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To: Kaslin

Obama should be impeached.

Poor O’Reilly spun like a top earlier this week as Dennis Kucinich tutored him on the constitution.

O’Reilly’s inclination was to blow off the Constitution, but poor, old, liberal Kucinich spoke the truth. Congress alone has the power to make war.

The president is, essentially, General-In-Chief.


17 posted on 03/23/2011 10:23:22 AM PDT by xzins (Retired Army Chaplain & proud of it: Truly Supporting the Troops means praying for their Victory!)
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To: Kaslin

What Obama did is unconstitutional. He never consulted congress and launched military action against a country that has not attacked us.

He also ceded our sovereignty to the UN, thus violating his oath to preserve, protect and defend the constitution.

Impeach him!


18 posted on 03/23/2011 10:26:40 AM PDT by NoKoolAidforMe (1-20-09--The Beginning of an Error..............1-20-13--Change we can look forward to)
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To: Kaslin
This constitutional issue was raised and decided by the Supreme Court during the Viet Nam era. In essence, the Court held that, even without a formal declaration, Congress had authorized the Viet Nam War by resolution and by providing funding for military action. Eventually, a Democratic Congress dominated by anti-war radicals cut off funding and South Viet Nam collapsed under assault from North Viet Nam.
19 posted on 03/23/2011 10:26:46 AM PDT by Rockingham
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To: bigbob
The War Powers Act gives him the authority. I hate to see Freepers and callers to conservative talk radio even go down that path just because a Democrat is CIC - sounding more like their Liberal counterparts of a few years ago.

Now is it the right thing to do, offering military support in another countries civil war? That could and should be debated, and there is no easy answer.

20 posted on 03/23/2011 10:31:47 AM PDT by NavyCanDo
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To: Rockingham

Hang on people. What I read is that Barry has to notify Congress within 48 hours after ordering the strike which apparently he has. It is now up to Congress to approve or deny the declaration of war. Let’s hope he gets the thumbs down. I think all this rant of impeachment based on not consulting Congress is not holding water. Am I right?


21 posted on 03/23/2011 10:43:53 AM PDT by freebird5850 (Of course Obama loves his country...it's just that Sarah Palin loves mine!)
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To: Hoodat

The War Powers Act of 1973 gives him 60 days to seek approval from the House or withdraw the troops.

In this one regard, he has done nothing unconstitutional.


22 posted on 03/23/2011 10:44:15 AM PDT by green iguana
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To: NoKoolAidforMe

Precisely.


23 posted on 03/23/2011 10:46:44 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: green iguana

“...he has done nothing unconstitutional.”

The act of ordering military action with circumstances that the US, nor US interests were attacked initially is unconstitutional.

He used the excuse of a UN resolution.

That resolution belonged to the US Congress to debate, and authorize any action, NOT the President.


24 posted on 03/23/2011 10:51:43 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: NoKoolAidforMe

It was absolutely unconstitutional and he needs to be impeaches


25 posted on 03/23/2011 10:55:00 AM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: freebird5850

Wrong. If we aren’t attacked, and the basis of the intent to enter into military hostilities against another Nation is a UN resolution as has happened here, then it’s totally up to Congress to debate, and authorize that action, NOT the President.

If Libya had attacked the United States, or United States interests then the President can order immediate action to protect us, and/or our interests, and notify Congress the details within a specified period of time.


26 posted on 03/23/2011 10:56:59 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: onedoug

And they should


27 posted on 03/23/2011 10:58:58 AM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: green iguana
The War Powers Act of 1973 gives him 60 days to seek approval from the House or withdraw the troops. In this one regard, he has done nothing unconstitutional.

  1. The War Powers Act itself is unconstitutional.
  2. Citing anything other than the Constitution itself to determine the constitutionality of an action is rather pointless. If there is a law on the books that legalizes the confiscation of property without due process, then a President acting on that law is still violating the Constitution.

28 posted on 03/23/2011 11:11:10 AM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: Kaslin

Since when has the Constitution stopped a President from going to war?


29 posted on 03/23/2011 11:12:00 AM PDT by Roninf5-1 (If ignorance is bliss why are so many Americans on anti-depressants?)
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To: rockinqsranch
But, if a British Born Subject such as Obama is president, and the Prime Minister calls him and demands he attacks, he should attack. We can not strip our president of his foreign obligations.
30 posted on 03/23/2011 11:13:24 AM PDT by PA-RIVER
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To: rockinqsranch
But, if a British Born Subject such as Obama is president, and the Prime Minister calls him and demands he attacks, he should attack. We can not strip our president of his foreign obligations.
31 posted on 03/23/2011 11:17:27 AM PDT by PA-RIVER
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To: PA-RIVER

Grin....is your tongue cramping stuck in that cheek?


32 posted on 03/23/2011 11:20:59 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: rockinqsranch
What if Libya had imminent plans to Nuke Kenya?

Our Presidents immediate family is there. The president could not allow that to happen.

It seems we out grew our Constitution when we elect the Islamic Messiah.

33 posted on 03/23/2011 11:23:48 AM PDT by PA-RIVER
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To: freebird5850

The notification is under the War Powers Act and is not a formal declaration of war, which requires affirmative action by Congress. There will be criticism of Obama but no impeachment talk of consequence or even a serious effort to cut off funds for operations against Libya. Few in Congress want to become responsible for the ill effects of leaving Khadafi in power.


34 posted on 03/23/2011 11:25:26 AM PDT by Rockingham
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To: Hoodat
The War Powers Act itself is unconstitutional.

I disagree. You may contractually give away any of your Constitutional rights that you desire and Congress may do the same. They, however, cannot do it for you, so I agree with your example of unconstitutionality.

35 posted on 03/23/2011 11:26:10 AM PDT by green iguana
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To: rockinqsranch
I think We would need Foreign Ambassadors to sort through this issue, but little time in such emergencies.

If we enforce our constitution we could be infringing on our presidents rights and obligations as a Kenyan Citizen.

At this point its probably best to continue to let Obama dictate the application of international law over our Constitution.

36 posted on 03/23/2011 11:31:38 AM PDT by PA-RIVER
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To: PA-RIVER

“What if Libya had imminent plans to Nuke Kenya?”

There is no evidence, and as President he is still bound to the Constitution regardless.

As a Democrat though..........


37 posted on 03/23/2011 11:33:32 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: bigbob

No...they have not. Name one that did.


38 posted on 03/23/2011 11:35:22 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: green iguana
I don't buy that. Just because Nixon was stupid enough to sign away constitutional rights does not mean those same constitutionally guaranteed rights are denied to his successors.

btw, I personally do not believe that Obama violated the Constitution by attacking Iraq. I was simply drawing attention to the hypocrisy of those in power now.

39 posted on 03/23/2011 11:35:28 AM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: bigbob
Substitute “Bush” for Obama and ask the question.

That is not true, and you damn well know it.

First of all there was the Iraq liberation act of 1998 from the 105th Congress Source

And unlike the arrogant pos, who currently resides at 1600 Pennsylvania Ave. President Bush went to Congress and Congress authorized President Bush to use force against Iraq, pursuant to the War Powers Resolution, in Public Law 107-243.

0bama never went to Congress, instead he want to Brazil to give Brazil $3 billion so they can drill offshore, while our oil companies are prevented from drilling in the Gulf.

40 posted on 03/23/2011 11:41:08 AM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: Kaslin

No. Next dumb question.


41 posted on 03/23/2011 11:42:47 AM PDT by Jack Hammer
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To: Durus
No...they have not. Name one that did.

If you are asking for violations of the War Powers Act, Ronald Reagan did not get Congressional approval (and rightly so) before invading Grenada. He basically ignored the Act because it was unconstitutional. The difference with Obama is that he actually cited the War Powers Act in his electronic notification to Congress (which was actually received after the 48-hr deadline).

Reagan did not acknowledge the legitimacy of the War Powers Act, and acted accordingly. Obama does acknowledge the legitimacy of the War Powers Act, and by default is bound to honor it - not grounded on legality but by integrity.

42 posted on 03/23/2011 11:45:28 AM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: rockinqsranch
But the Presidents first obligation, and our first obligation, is to our home country and family.

If Kenya comes under attack, Obama is obliged to defend.
Waiting for a Declaration of war would be treasonous to his family and fathers country.

I would give him a pass for Defending Kenya. If my Dad and all his family was from Kenya, I would nuke any country that dared touch it. In a heart beat. No declaration of war.

43 posted on 03/23/2011 11:46:28 AM PDT by PA-RIVER
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To: Hoodat

Grenada wasn’t the same situation or similar military action.


44 posted on 03/23/2011 11:54:14 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: Durus
Grenada wasn’t the same situation or similar military action

Are you saying that the War Powers Act applies to Libya, but not to Grenada?

45 posted on 03/23/2011 12:00:02 PM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: IrishCatholic
That is correct. See

1990-91 1993-99 2001 2002

46 posted on 03/23/2011 12:14:13 PM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: Kaslin

I really appreciate the link. I’ve read the War Powers Act and see where “the meaning of “is” is” mentality at play here.
But I always appreciate factual links.
Thanks again.


47 posted on 03/23/2011 12:33:02 PM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: rockinqsranch

I posted this to a related article - I am not happy about it but it still requires interpretation (lawyer not I am - victim yes).

USC TITLE 22 > CHAPTER 7 > SUBCHAPTER XVI > § 287d

http://www.law.cornell.edu/uscode/html/uscode22/usc_sec_22_00000287-—d000-.html

In this code is written -
“The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein”

Articles 41,42 and surrounding available here.

http://www.un.org/en/documents/charter/chapter7.shtml

I guess we have an article 42 in effect which does not require congressional input.

The War Powers Resolution needs work to clarify procedures in events such as this. I see no reason why the code cannot be modified so as to require Congressional consultation (not just advisement) in situations such as this.

Some suggestion are given in pages 44-48 in CRS RL32267

http://assets.opencrs.com/rpts/RL32267_20080310.pdf

I like the idea of a Consultation Group described therein.

The whole issue is confused - or in my case confusing.


48 posted on 03/23/2011 12:47:48 PM PDT by PeteCat
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To: PeteCat
This is an old argument going back to Nixon and Congress passing that Law on Military Actions that are of an undeclared nature. Vietnam being the biggest example.
The Libya fiasco should confirm to everyone that you cannot have a person with no Managerial or Leadership experience as President.
This President has done as he did in the Senate and Illinois Senate, he has Voted Present and that is it.
49 posted on 03/23/2011 12:56:18 PM PDT by Captain Peter Blood (.)
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To: IrishCatholic

My pleasure


50 posted on 03/23/2011 1:07:52 PM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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