Wednesday, June 15, 2011

Obama Thinks He's Above Law On Military Action In Libya -- Constitutional Scholar: "Nothing More Impeachable" Than War Without Congressional Approval

The 60 day deadline has long passed for Richard Milhous Obama to get Congressional approval for continuing the now illegal war in Libya.  But the arrogant occupant of the Oval Office is making arguments that he is somehow above the law (NY Slimes).
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.

CNSNews did an interview with Louis Fisher, a 40 year constitutional law expert at the Library of Congress and current scholar in residence at the Constitutional Project, who said a war without Congressional authorization is "impeachable."

“I am not going to recommend that the House Judiciary Committee hold impeachment hearings, but I would like members of Congress and the public to say that nothing would be more impeachable than a President who takes the country to war without coming to Congress, who does it unilaterally,” Fisher told’s Online With Terry Jeffrey.

“So, I would like people to be educated, including members of Congress, to be educated that that is a very grave offense,” said Fisher.

..Fisher, whose book Presidential War Power is a definitive scholarly account of the drafting of the constitutional war power and its historical interpretation and implementation, scoffs at Obama’s argument that the United Nations, which the U.S. joined through a treaty ratified by the Senate, can usurp the war power the Constitution gives to both houses of Congress.

“He said I have authorization from the Security Council. It is not authorization under U.S. constitutional law,” said Fisher.

But the problem is, we have a President and a Regime that thinks they are above the law.


Deekaman said...

Where is the leftist outrage? "No blood for oil"!

GITMO is still open, (Now) 5 wars, enhanced interrogation.

Crickets. They are cowards and hypocrites.

Wraith said...

Speaker Boehner, your move. If you fail to draw up Articles of Impeachment ASAP, you need to be tossed out on your ass forthwith.

"Speaker Allen West"...I like the sound of that!

Anonymous said...

Too bad there are no republicans with any guts.