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War Powers Act Does Not Apply to Libya, Obama Argues (Obama claims he's above the law)
NY Times ^ | 6/15/2011 | Charles Savage

Posted on 06/15/2011 12:44:58 PM PDT by tobyhill

The White House is telling Congress that President Obama has the legal authority to continue American participation in the NATO-led air war in Libya, even though lawmakers have not authorized it.

In a broader package of materials the Obama administration is sending to Congress on Wednesday defending its Libya policy, the White House, for the first time, offers lawmakers and the public an argument for why Mr. Obama has not been violating the War Powers Resolution since May 20.

On that day, the Vietnam-era law’s 60-day deadline for terminating unauthorized hostilities appeared to pass. But the White House argued that the activities of United States military forces in Libya do not amount to full-blown “hostilities” at the level necessary to involve the section of the War Powers Resolution that imposes the deadline.

“We are acting lawfully,” said Harold Koh, the State Department legal adviser, who expanded on the administration’s reasoning in a joint interview with White House Counsel Robert Bauer.

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Extended News; Front Page News; News/Current Events
KEYWORDS: 2012electionbias; ayerscoupdetat; barackswar; dnc4alqaeda; dnccoupdetat; dncrico; dncvsamerica; dncvscongress; dncvsconstitution; doublestandard; firingsquad; illegalwar; libya; noaccountability; noamerica; nodocumentation; noflyzone; nojustice; nolaw4dnc; nolaws4dnc; nolaws4holder; nolaws4obama; notapeacemovement; notaxes4dnc; nothingtoseehere; notruth; obama4alqaeda; obamaabovethelaw; obamaforeignpolicy; obamaswar; obamavsamerica; obamavscongress; obamavsconstitution; obamunism; oup; pelosicoupdetat; warpowers; warpowersact; warpowersresolution
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To: tobyhill

Either way, because the War Powers Resolution does not include a definition of “hostilities”

Anybody else think this is Obamas “what is IS moment”? It seems every Dem has one....


41 posted on 06/15/2011 1:12:11 PM PDT by marstegreg
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To: marstegreg

The next argument he will have is that since we are using unmanned drones we are not really there.


42 posted on 06/15/2011 1:14:17 PM PDT by tobyhill
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To: tobyhill

“We are acting lawfully”

“I am not a crook”


43 posted on 06/15/2011 1:15:33 PM PDT by NRPM (We have to come to terms with the fact that governments have made promises they will not keep.)
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To: tobyhill

The same libs that support this are the same libs who stamped up and down over Iran Contra......


44 posted on 06/15/2011 1:16:09 PM PDT by GraceG
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To: wideawake
I agree with you completely. The War Powers Act was enacted by a Democrat-dominated 93rd Congress to hamstring future Chief Executives from the lawful exercise of their constitutional authority to commit US forces in defensive actions short of a declaration of war (an enumerated Congressional power). Presidents of both parties have ignored it as an unconstitutional usurpation of Executive authority and one not textually supportable under a rational interpretation of the "necessary and proper" clause that was used to justify it.

President Obama's predilection for expanding Executive power in other respects notwithstanding, I think the correct course for Congress would be to defund the military effort, should they decide that our involvement in Libya does not serve the national interest. In my view, the United States has an insufficient national interest there to justify a direct military presence. But Congress must act to pull the plug by denying funding after a given date.

45 posted on 06/15/2011 1:16:48 PM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: tobyhill
Wasn't it thoughtful of Congress, 40 years ago, to exempt Libya for Obama? Too bad they didn't have the same foresight with the Community Reinvestment Act.
46 posted on 06/15/2011 1:18:04 PM PDT by liberalh8ter
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To: tobyhill

>>> (Obama claims he’s above the law)

History didn’t start with Obama. From Nixon onward no president has agreed the WPA superseded their inherent authority as Commander in Chief.

As I recall some Congressman also tried to take Clinton to court over the same issue regarding Kosovo. The court citing Separation of Powers between the Executive and Congress refused to intervene. Libya is not a good faith war but that’s a separate political issue. Constitutionally Obama as CinC is probably on solid ground.


47 posted on 06/15/2011 1:19:04 PM PDT by tlb
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To: SpaceBar

Gee,,,, remember back when NATO was a defensive alliance, meant to protect Europe from an attack?

Now it’s the aggressor, attacking outside of europe?


48 posted on 06/15/2011 1:19:16 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: tobyhill
It was a desperate tactic anyway. Plenty of GOP presidents ignored it.

And to expect the Cryer to do anything is just idiotic.

49 posted on 06/15/2011 1:19:16 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: tobyhill

The War Powers Act isn’t worth a hill of beans if the courts don’t bother with it. The case of Campbell v. Clinton was dismissed for lack of standing even after congress voted down action in Yugoslovia. SCOTUS declined to hear it.


50 posted on 06/15/2011 1:19:24 PM PDT by dajeeps
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To: wideawake
I'd agree that impeaching the President for violating the War Powers Act is bogus.

However, if the War Powers Act is amended to cut off all funding for a conflict that does not comply, then that is simply Congress using the power of the purse in a perfectly appropriate manner. My understanding is that the House just passed such a provision.

51 posted on 06/15/2011 1:19:47 PM PDT by Bruce Campbells Chin
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To: tobyhill

This regime views the WPA and the constitution like a screen back door. The more you slam it, the looser it gets.


52 posted on 06/15/2011 1:19:49 PM PDT by C210N (0bama, Making the US safe for Global Marxism)
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To: tobyhill

Since when is the unilateral attack on a sovereign country for the sole purpose of “regime change” anything BUT war?


53 posted on 06/15/2011 1:20:37 PM PDT by ctdonath2
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To: radpolis

Obama doesn’t think all of these things he KNOWS he can do as he please’s.

What has happened to stop him from knowing he can get away with it?

Boehner isn’t going to do anything except cry, and we Know Reid in the Senate would back dropping an atomic bomb if Obama decided to do it. Reids lips are stuck on Obama’s Bum.

The Republican party is looking for a candidate to run for President. Where are these candidates and why arent they screaming like raped apes?

Of course McCain thinks Obama is a god.


54 posted on 06/15/2011 1:21:04 PM PDT by Venturer
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To: ctdonath2

or hostile? Watch The Obama lawyers all say it depends on what the definition of hostile is...

BTW Does Obama have more lawyers than a staff?When our country is going to hell because of him and the amendment in the CRAct made by dems should we be paying for a President to lawyer up? Does he lawyers have a huge staff? What is the cost of retainer on the taxpayers?


55 posted on 06/15/2011 1:24:57 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: SpaceBar

His argument would be far more effective if the nation was Iran, but he can’t bomb another enabler of the Caliphate, now, can he?


56 posted on 06/15/2011 1:24:57 PM PDT by himno hero ("Armageddon is well seeded, America will pay"... Barrack Obama's vision)
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To: tobyhill
We are saying the limited nature of this particular mission is not the kind of ‘hostilities’ envisioned by the War Powers Resolution.

FUHK
FURB
FUBO

57 posted on 06/15/2011 1:25:55 PM PDT by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: tobyhill; All

You silly conservatives just don’t understand, do you.

Democrat bombs are a kinder, and gentler way of killing people and maiming kids than REPUBLICAN BOMBS.

That’s why you won’t see the media covering any Anti-lybian War protests.

After all, It’s not an Illegal War when Killing-While-Democrat!!

s/off


58 posted on 06/15/2011 1:26:17 PM PDT by tcrlaf (You can only lead a lib to the Truth, you can't make it think...)
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To: Nachum

They are having a freaking picnic today.

http://www.boston.com/news/nation/articles/2011/06/15/obama_to_host_congressional_picnic/


59 posted on 06/15/2011 1:28:00 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Allen West 2012 Make it happen!)
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To: Dilbert San Diego

Absolutely nailed it.

I’ve been waiting for Code Pink to camp out at Obama’s Chicago home like they did in Crawford for Bush. Obama and Democrats railed against Bush, and what happens? Obama goes into Libya and sends drone into Yemen and who knows where else. And nary a peep from the corrupt MSM or the left.

All this goes to prove that Liberals (Marxists) really have no principles, they just use issues solely for the purpose of trying to leverage political power.


60 posted on 06/15/2011 1:28:26 PM PDT by Obadiah (If you don't believe you can win, there is no point in getting out of bed at the end of the day.)
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