Posted on 09/05/2014 10:41:46 AM PDT by Bratch
I think this is actually worse than when they looked the other way at him waging war unilaterally in Libya. That was lazy and cowardly too, but you could understand where the cowardice was coming from, at least. Libya was politically risky. There were good arguments that we had no vital interests there and that knocking out Qaddafi would lead to something even worse, up to and including a civil war between jihadis and other Libyans (which turned out to be true); there were also good arguments that a slaughter was in the offing if the west didnt intervene to protect the rebels and that aiding regional populists would help build U.S. influence abroad during the Arab Spring. You can loathe Congresss gutlessness in refusing to take a position on that while acknowledging that it wasnt an easy call. Smashing ISIS is an easy call. Theyre building a terrorist state inside a country on which the U.S. spent massive amounts of blood and treasure to remake. Theyre going to destabilize every friendly Arab power in the region if theyre not stopped, and they may have already reached a level of military prowess that no local army can handle the job. Giving Obama authority to hit them is a no-brainer. The bill will pass easily. Even Senate Democrats are begging for it. Even Rand Paul is begging for it.
But theyre not going to do it, whether because theres not enough time or Obama hasnt been clear enough on what he wants to do or yadda yadda yadda. Between this, HHSs waiver of various statutory deadlines under ObamaCare, and Os looming executive order on amnesty, were building a mighty solid foundation for rogue executive action as a matter of course in American politics going forward.
Members will certainly have discussions about the path forward on [ISIS] when they return next week, but how could Congress vote to authorize some action when the president hasnt even made a compelling case to the American people about what our national objective and strategy should be? a senior House GOP aide told The Daily Beast
In fact, the White House has been totally mum on how it plans to legally justify the air war in Iraq after the temporary authority granted to it in the War Powers Resolution expires. According to the 1973 law, the president must report to Congress when he uses U.S. military force in a hostile environment; Congress must then specifically authorize such action within 60 days or the president has to stop. The president can invoke a one-time, 30-day extension
The War Powers clock expires Oct. 8, with a possible extension to Nov. 8. But the administration could argue that each new notification resets the clock and gives the president ongoing authority to attack in Iraq. To most in Congress, thats disingenuous at best, because the strikes are all part of the same operation and are all against the same foe in the same country
[W]ith only two weeks in September to legislate, theres little to no chance Congress will act before its next recess, which means the issue will be punted to the post-election lame duck session
A few things here. One: Its simply not true that the War Powers Act gives the president 60 days to wage war on his own, whenever and however he pleases, before hes forced to come to Congress. Thats a popular misunderstanding of the law. Read it yourself. It says right up front that the president is allowed to take military action in three circumstances only: After Congress formally declares war, after Congress passes some other type of statute authorizing military force (i.e. an AUMF), or when theres a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. The threat ISIS poses to U.S. personnel stationed in Kurdistan arguably falls under the third category, but does it really rise to a national emergency? If so, given the number of countries where U.S. personnel are stationed abroad, doesnt every local threat qualify as a national emergency? Category three is aimed at things like Pearl Harbor or 9/11, I think, when theres reason to fear a more comprehensive attack on the continental U.S. is in the offing.
Two: Even if you think the threat to Americans in Irbil qualifies as a national emergency, the idea that O could evade the War Powers Act by somehow resetting the 60-day clock on his authority with periodic reports to Congress is moronic. The White House itself hasnt argued that as far as I know, likely because its so insulting to the publics intelligence that itd end up doing Obama more harm than good. If the president can reset his legal power to wage war unilaterally whenever he wants, then the War Powers Act is meaningless. Congress would have no check over him at all. Youre better off in that case arguing that the War Powers Act is unconstitutional in its entirety as an infringement on the commander-in-chiefs Article II powers, as many hawks do. Although how they square that with Congresss Article I power to declare war is beyond me.
Three: Congresss excuse for not acting here appears to be the fact that Obama hasnt laid out a clear strategy for them yet. One GOP Senate aide told Josh Rogin that the president has to be the prime mover in this. Rand Paul told Fox News this morning that a true leader would come to Congress and call for a joint session of Congress, and he would ask for permission, thats the way the Constitution works. Er, since when? Where does it say that Congress cant act to authorize force unless and until the president lays out a soup-to-nuts plan for what he wants to achieve with military action? The fear from our very fearful legislators appears to be that theyll gamble on authorizing force and then O will blow up a few pick-up trucks, ISIS will keep advancing until it takes Baghdad, and then Congress will be on the hook politically with O because hes a bad C-in-C. There are ways to deal with that, though: Congress could state explicitly in its AUMF that theyre authorizing Obama to destroy ISIS, nothing more or less (which is what the burgeoning western coalition appears ready to do anyway). If he refuses, legislators could point back to that text later to say that O didnt carry out their wishes. If theyre worried about too much escalation, with O putting boots on the ground and the U.S. taking casualties, they could add something to the text to that effect too the president is hereby authorized to use the air power of the United States, etc. Thats probably unconstitutional since it presumes to force the C-in-C into prosecuting a war in a particular way, but Congress doesnt care about that. Theyre looking for political cover here and a no boots on the ground! clause in the AUMF would give it to them. If O wants to ignore that, he can. And unlike ignoring the War Powers Act entirely, hed be on firm constitutional ground in doing so.Sen. Paul Would Vote to Authorize military Force Against ISIL 'In a Heartbeat'
Boehner should get out of his tanning bed and get his dumb ass back to DC. And call for a special session of congress.
Where is Waldo Boehner?
He’s hiding.
He’s confident that 2014 will be a GOP election wave as long as long Republicans don’t pi$$-off the sainted Independents.
So, he’s hoping to tiptoe into November without having to day or do anything “controversial.”
Schmuck.
They don't intend to do anything approaching making war on ISIS.
What good is congress? Seriously, they can all save us a lot of money and go home if they’re not going to do their jobs on behalf of the American people.
Beavis and Butthead, aka McCornhole and Bonor, are Soetoro enablers. Both are DemocRats.
And the gop seems they don't care. .
I agree, Congress needs to get off it’s azz and pass a resolution that gives the President the ability to destroy these animals. Now is not the time to be playing games. Pass the resolution and put the ball in the President’s court.
I am unsure. Even if it is, why doesn’t Bonehead and McCarthy lead
if Obama won’t?
Two Americans beheaded does not seem to be enough to get Bonehead
out of his Tanning Beds and favorite bars.
A symbolic message needs to be sent from the house, regardless of what
Zero does.
Because the are cowards. It is that simple.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.