Patterico's Pontifications

6/15/2011

Boehner: The War in Libya is About to Become Illegal

Filed under: General — Aaron Worthing @ 2:32 pm



[Guest post by Aaron Worthing; if you have tips, please send them here.  Or by Twitter @AaronWorthing.]

Of course if you have followed my view on the subject, you would know I said it was illegal from day one.  I supported the idea, policy-wise, of doing something there.  We had a once-in-a-lifetime chance to kick that dictator and terrorist down.  But there is a right way and a wrong way to start a war, and one of the wrong ways is by unilateral presidential action.

If you don’t believe me, ask Senator Obama:

The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

And the fact that Obama once stated what is obvious—that the President cannot start a war without Congress’ approval*–transforms this into a willful violation of Obama’s oath of office to uphold the constitution.  He is not merely ignorant in doing this, but acting with full knowledge that it is unconstitutional.

And this business about 60 days, 90 days, is bull anyway.  The War Powers Act doesn’t allow you to make war at all, unless we  are attacked (or faced with an imminent attack).  (And don’t say the War Powers Act is unconstitutional because the Constitution provides even less support for this action.)

So we see that yesterday, Congressman Boehner sent a letter pointing out that the President had until Sunday to finally comply with the War Powers Act.  How much Boehner will respond if Obama blows him off is an open question.  I for one hope he finally does something, even if it’s three months too late.

And isn’t it nice to have a story where we are not talking about a representative whose name is a homophone for a part of the male anatomy?  You know like Obama, Rep. Boehner and…  ah crap.

Joking aside, another development is the filing of a federal suit challenging the war itself.  Now, there might be a serious problem in dealing with this suit under what is known at the political question doctrine—I frankly will have to brush up on that area of law before I can tell if there is a problem or not.   But for what it is worth, here is the complaint.  No, I am not thrilled to find myself on the same side of an issue as Ron Paul or Dennis Kucinich, but you know what they say about broken clocks, right?  And right is right, no matter who your allies might be.

—————————-

* Starting a war is distinct from fighting a war that has already been started.  Thus if we are attacked by another nation, I don’t believe any declaration of war is technically necessary in order to make it lawful for the President to command our forces to fight back, because whether Congress chooses to acknowledge it or not, if we are attacked, we are in a state of war with another nation.  Still it is worth noting that both FDR and George W. Bush still sought Congressional approval before going to war, even after we were attacked.

[Posted and authored by Aaron Worthing.]

40 Responses to “Boehner: The War in Libya is About to Become Illegal”

  1. If this were George W. Bush at the helm, Kucinich would no doubt be filing articles of impeachment. Since it is Obama, he merely goes to Federal court to ask that the war be stopped.

    JVW (24ee9a)

  2. Libya is a stupid war.

    Nobody cares because the rebel people are really scummy and plus John McCain is all for it so it’s probably gay.

    happyfeet (a55ba0)

  3. David Frum is on CNN right now, and he has a high-def boog in his nose.

    MayBee (081489)

  4. Canadians and their boogs and their foreign policy advice jeez

    but that just underscores the whole confuzzling conundrum of why it is our troops have been flouncing around the Libyan skies not accomplishing anything for months and months under the direction of foreign foreigner people

    If they have a point to make they need to just go ahead and make it.

    happyfeet (a55ba0)

  5. I guess I don’t understand why Obama won’t just go to Congress for authorization?

    MayBee (081489)

  6. Barry is thumbing his nose. He likes thumbing his nose. He knows that most of the media guys don’t mind him thumbing his nose.

    f1guyus (2a84e9)

  7. Part of doing one’s job as a public servant — part of preserving, protecting, and defending the Constitution of the United States — is using the Constitution’s own means when dealing with public servants from coordinate branches of government.

    The War Powers Resolution is an attempt to shortcut that process, and it’s unconstitutional as hell.

    A lawsuit designed to enlist the Judiciary in some Congress-critters’ attempt to rein in the Executive is equally pointless and will almost certainly be dismissed as nonjusticiable — the federal courts shouldn’t and won’t let themselves be made referee in this fight.

    More importantly, though, it’s unnecessary. The tool given by the Constitution to Congress to push back against Executive Branch assertions of authority is the power of the purse.

    Aaron, if you want to make a useful protest against our involvement in Libya, write your congressional representatives and tell them to cut off funding for it. The rest of this is just nonsense and masturbation.

    With due respect, of course. I’ll be back later, after I chase those kids off my lawn.

    Beldar (a4d09e)

  8. “I guess I don’t understand why Obama won’t just go to Congress for authorization?”

    Because he’d rather watch Boehner herd his cats.

    stone (57dea8)

  9. “Because he’d rather watch Boehner herd his cats.”

    Steno – Is Kucinich one of Boehner’s cats?

    daleyrocks (bf33e9)

  10. MayBee, the reasons that Obama does not go to Congress for authorization for the Libya fiasco are:

    1) The intervention is an embarrassment because it is yet another broken campaign promise that he does not wish to defend in front of Congress.

    2) Obama has no articulable strategy or goal

    3) Obama is unwilling to defend politically his abdication of leadership to Europe.

    SPQR (26be8b)

  11. 3 Comment by MayBee — 6/15/2011 @ 2:51 pm

    Powers of observation used for evil.

    SarahW (af7312)

  12. “Steno – Is Kucinich one of Boehner’s cats?”

    Boehner does have to make sure that his caucus doesn’t end up voting for and passing Kucinich’s resolution.

    stone (18e8a0)

  13. OT : Have you been following the Google/Obama campaign story? Of course Google denies it. Their protests are not convincing In light of their involvement with the Obama campaign.

    “It certainly raises some red flags that the Obama campaign appears to have been given special access to a new online advertising product,” said NRSC communications director Brian Walsh

    Read more: http://www.politico.com/news/stories/0611/57084.html#ixzz1PONgq8s6

    bmertz (d77c52)

  14. Stone – what other names have you posted under?

    JD (12724a)

  15. Heh, bmertz:

    “This is an experiment and while we generally do not comment on those experiments we can tell you that we have not sold a single CPL [cost-per-lead] ad unit to any political candidates or committees,” said Parrillo.

    And Obama campaign spokesman Ben LaBolt seconded the company’s account that the campaign had not purchased any ads or enrolled in the Google pilot program.

    Would this statement be equally true if Google had simply given the Obama campaign the new program?

    MayBee (081489)

  16. “Would this statement be equally true if Google had simply given the Obama campaign the new program?”
    Maybee
    Google’s pronouncement struck me as a piece of classic weaselspeak. One would hope this potential violation of election laws would go under the microscope.

    bmertz (d77c52)

  17. Tommy Xtopher is a mendoucheous twatwaffle. On steroids.

    JD (12724a)

  18. Google is a fundamentally anti-American obamawhore enterprise I think.

    happyfeet (3c92a1)

  19. From Glenn, quoting someone unknown to me: “It sucks that the President may have to pay a political price for declaring war all by himself.”

    SPQR (26be8b)

  20. bmertz- google will disable a few reporter’s gmail accounts and the story will be dropped.

    Oh! Speaking of which, Patterico—
    I went to use a Google account I forgot I had, but it was tied to my account at Althouse’s. And yes, I had voted up some comment against what’s his name on the Google page during that bru ha ha …and yes, Google required me to enter my phone #. I abandoned that account.

    MayBee (081489)

  21. Sorry about the grammar on that post, btw.

    MayBee (081489)

  22. You do have to give the Great Black Dope some credit. His unbelievable mismanagement of events in Libya is matched by his stunning inability to successfully manage the campaign in Afghanistan.

    At least he’s consistent.

    The obvious course to follow is to impeach this idiot, before he does any more damage. Unfortunately, due to a flaw in our political system, removing a corrupt, dangerously incompetent and criminal Democrat from office, simply means he’s replaced by another corrupt, dangerously incompetent and criminal Democrat.

    We probably should fix that some day.

    Dave Surls (9cee60)

  23. Libya is just so much blah blah blah. It doesn’t mean anything but that Obama’s America is happy to be Europe’s bitch for oil. It has nothing to do with freedom and it has nothing to do with compassion. It’s just a frightfully cheesy little war at the behest of a bunch of loser european cowards what are still whining about how unfair that brutish Iraq business was.

    happyfeet (3c92a1)

  24. What is Old Becomes New Again/Not surprising news :

    Top Barack Obama donors net government jobs

    More than two years after Obama took office vowing to banish “special interests” from his administration, nearly 200 of his biggest donors have landed plum government jobs and advisory posts, won federal contracts worth millions of dollars for their business interests or attended numerous elite White House meetings and social events, an investigation by iWatch News has found.

    http://www.politico.com/news/stories/0611/56993.html#ixzz1POaVkTnS

    http://www.politico.com/news/stories/0611/56993.html

    bmertz (d77c52)

  25. I love irony, don’t you?

    bmertz (d77c52)

  26. Why does Obama and his Adm get away with type of thing? Who will hold him, and them accountable?
    This is ridiculous.

    your mama (805957)

  27. _________________________________________

    This is merely a classic case of “limousine liberalism,” referring to the two-faced, phony-ass, disingenuous nature of so many folks on the left. It’s not different from Obama giving a speech a few years ago on the dangers of global warming. A speech held at a location in Illinois that he drove to in his gas-hoggin’ SUV.

    Mark (411533)

  28. The war in Libya isn’t about to become illegal, it’s been illegal under the WPA since day one since there was no attack that made urgent, immediate action necessary, as required under the act.

    SteveP (3dac73)

  29. In Washington, U.S. State Department spokesman Mark Toner said the option of imposing additional sanctions on Syria remains a possibility.

    we should definitely wait and see if they slaughter thousands more innocent people before doing anything hasty what might promote pre-Obama American values

    happyfeet (3c92a1)

  30. Where is code stinko?

    DohBiden (15aa57)

  31. If Qhadaffy leaves Libya, will Rev. Hatey visit him in exile?

    daleyrocks (bf33e9)

  32. Because he’d rather watch Boehner herd his cats.

    So, Obama would rather try to embarrass the Speaker of the House than follow the law?

    Chuck Bartowski (e84e27)

  33. It’s the obvious lies that I’ve found offensive, wholly apart from the contempt being shown our Constitution. A little diplomatic gloss is one thing, but blowing smoke up the entire American people’s collective butts is a bit much.

    I’ve quoted you and linked to you here: http://consul-at-arms2.blogspot.com/2011/06/re-boehner-war-in-libya-is-about-to.html

    Consul-At-Arms (8cba54)

  34. “So, Obama would rather try to embarrass the Speaker of the House than follow the law?”

    Not to worry. The Speaker isn’t so hot on the War Powers Act either.

    stone (2afffb)

  35. Chuck – stone/imdw is a serial troll and sockpuppet. This is the best you will ever get from it. It values prggie thought more than the law or Constitution, silly ideas that are really old.

    Carney’s warning to not play politics and send mixed messages was just precious.

    JD (29e1cd)

  36. Bush’s wars=bad

    Obama’s wars=all-american.

    DohBiden (15aa57)

  37. Egypt – Made peace with Israel, prevented the export of arms to Hamas in Gaza, maintained peaceful relations with Israel for twenty years.

    Libya – Gave up their WMD program, shipped tons of Uranium and other materials to the west, may have supported the War on Terror under the table.

    Yemen – Fought Al Queda insurgents in their own country, allowed US forces to go after terrorists on their territory, supported the War on Terror.

    Iran – Develops nuclear weapons, threatens to destroy the nation of Israel, supports international terrorism, ships weapons to insurgents fighting against the US in both Iraq and Afghanistan, engaged in bloody massacres against legitimate democracy supporters in their own country, probably gave direct support to Al Queda and its leadership.

    Syria – Supports Hezbollah and Hamas, ships weapons to terrorists, assassinated Lebanese politicians, dominates the nation of Lebanon and uses it as a base for terrorism, calls for the destruction of Israel, refused to aid the US in keeping weapons and terrorists out of Iraq and securing the border, massacres thousands of pro-democracy demonstrators, executes soldiers who refuse to murder their own countrymen.

    Obama is currently supporting the forces attempting to overthrow three of these countries and refusing to support the forces opposing two of them.

    Guess which are which.

    Have Blue (dbbcd4)

  38. It’s really damning when you lay it out that way, Have Blue. At absolute best, this administration is not concerned with this country’s long term best interests diplomatically.

    I think a very large amount of this is explained by Obama’s need to politicize everything. Our successes with Libya in particular were Bush’s diplomatic ones, and Obama doesn’t care to maintain something that doesn’t help democrats.

    This is a sick and cynical way to see things, but the alternative is even sicker and crazier.

    Dustin (c16eca)


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