Libyan War Now Unconstitutional & 'Illegal'

No congress approval for Libyan War means U.S. intervention now illegal

The official 60-day limit of the Wars Power Act of 1973 is over and congressional approval is now required for any continued justification of hostilities and war against Libya. But since no resolution has been made or reached by the U.S., it makes the current hostilities illegal under the Constitution.

However President Obama as well as the suits in Congress seem to not care at all and no alarm in Washington is going off. For something that is clearly stated on the books and made into law, no one seems to care about it with no end in sight of the conflict. Forgetting President Obama on one hand, shame on our "spineless suits" in Congress who don`t care about our Constitution nor our country.

Our President, citing that our involvement in Libya is minimal and in a support role, no Congressional approval is required. In an effort to satisfy those arguing that he needs to seek approval by congress in continuing U.S. hostilities in accordance with the War Powers Act, President Obama wrote a letter to congressional leaders on Friday (5/20/11) suggesting that the role is now so “limited” he does not need to seek congressional approval.

“Since April 4,” the president wrote, “U.S. participation has consisted of: (1) non-kinetic support to the NATO-led operation, including intelligence, logistical support, and search and rescue assistance; (2) aircraft that have assisted in the suppression and destruction of air defenses in support of the no-fly zone; and (3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the NATO-led coalition's efforts.”

From the beginning of the U.S. military intervention in Libya, the Obama administration has cited the 1973 War Powers Act as the legal basis of its ability to conduct military activities for 60 days without first seeking a declaration of war from Congress. The military intervention started on March 19; Congress was notified on March 21. Those 60 days expired yesterday.

According to the War Powers Resolution (from David Swanson article, Global Research):

“The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to
(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

In addition:

“The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.”

In the case of Libya, Obama carefully avoided any consultation with Congress but took the time to consult with just about everybody else around the world.

The War Powers Resolution also requires that:

“[T]he President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth –

(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement.”

Obama’s report to Congress on Libya fell short of A and B and did not even attempt C.

When it comes to the now-surpassed 60-day-limit, the law is clear:

“Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 1543 (a)(1) of this title, whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress

(1) has declared war or has enacted a specific authorization for such use of United States Armed Forces,
(2) has extended by law such sixty-day period, or

(3) is physically unable to meet as a result of an armed attack upon the United States.”

The War Powers Act, in allowing 60-day unconstitutional wars is itself, of course, a step back from the Constitution as its authors, most readers, and President Lincoln have understood it. The Constitution devotes Article I to bestowing the vast majority of governmental power on Congress, including here:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . . . To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”