In response to the
New World Order/Brzezinski Obama-instigated crisis in Libya and the discussions of imposing a no-fly zone, the Congressional Research Service (h/t Rich T) prepared a report that clearly indicates his orders to attack Libya are unlawful.
No matter how Obama or the Pentagon play this–as being directed by the U.N., authorized by NATO, or within the Commander in Chief’s authority–the Obama administration has violated not one, but many laws and the Constitution with his attack on Libya.
Beyond the requirements of the Constitution, the key element of this discussion is the War Powers Resolution of 1973. From the report:
- The War Powers Resolution (WPR) states that the President’s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities can only be exercised pursuant to (1) a declaration of war; (2) specific statutory authority; or (3) a national emergency created by an attack on the United States or its forces.
- It requires the President in every possible instance to consult with Congress before introducing American Armed Forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization.
- It also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities; into foreign territory while equipped for combat; or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation.
- Once a report is submitted, or ‘required to be submitted’, Congress must authorize the use of force within 60-90 days or the forces must be withdrawn.
These actions are required before the initiation of hostilities. Obama did not meaningfully consult with Congress, did not produce a report, and did not justify this action for the American people. Instead he did what he wanted and ran like a coward and despot.
From The Hill :
President Obama usurped his constitutional powers by attacking Libya without Congress’s consent, Rep. Tom McClintock (R-Calif.) argued in a Wednesday letter to the White House.
“With all due respect, I can only conclude that your order to United States Armed Forces to attack the nation of Libya on March 19, 2011 is in direct violation of the War Powers Resolution and constitutes a usurpation of constitutional powers clearly and solely vested in the United States Congress and is accordingly unlawful and unconstitutional,” wrote McClintock.
Speaker Boehner’s polite letter failed to emphatically assert Congress’ authority but did raise all the questions that should have been answered in the report required by the WPR before Obama dropped any bombs.
The Congressional Research Report also discussed the North Atlantic Treaty for guidance on the operations of its members. The CRS notes that Article II of the Treaty states that its
…provisions are to be carried out by the parties “in accordance with their respective constitutional processes”, implying that NATO treaty commitments do not override U.S. constitutional provisions regarding the role of Congress in determining the extent of U.S. participation in NATO missions.
Section 8(a) of the WPR states specifically that authority to introduce U.S. forces into hostilities is not to be inferred from any treaty, ratified before or after 1973, unless implementing legislation specifically authorizes such introduction and says it is intended to constitute an authorization within the meaning of the War Powers Resolution.
Obama obviously has disregarded the requirements of NATO as well.
The Lawlessness of the Obama Regime
Obama’s illegality in these actions will be judged in part by whether his ‘consultation’ was sufficient within the meaning of the WPR and the Constitution.
It would be typical of Congress to give Obama a ‘affirmative action pass’, if it weren’t for the fact that Hillary Clinton, Robert Gates, and the Joint Chiefs of Staff have been derelict in their duties as well, conspiring against America and the rule of law.
And hello? Did you forget that it is OUR PEOPLE you are sending into war?? 😡
Since Obama is illegally occupying the White House, and has a foreign agenda, his actions mark one more confrontation with
Congress the institutions of our Republic.
Congress, you’ve got the golden opportunity to remove this man now! Its right there on a silver platter.