I wrote recently of my decision to support the intervention in Libya, and the difficulty of that decision. I have rarely seen a question that has so divided people, and it’s happened on both the left and the right. I struggled with the question because there are good arguments both for and against the now-NATO-led military action there.
There’s one argument, though, that does not have much merit, though. That’s the issue of Obama’s not seeking Congressional authorization for this action. And the fact that it doesn’t have merit raises a whole set of new questions that all Americans, as well as the masses around the world affected by American foreign policy, need to consider most seriously.
Let’s start with the legal issue. Some members of Congress seem to either ignore or be ignorant of the US Constitution. Congress has the exclusive power to declare war, a provision meant to check the power of the President as commander-in-chief of the armed forces. But there was no war declared here on Libya. In no way can this action be called unconstitutional.
Even Obama got this wrong when, in a 2007 interview while he was still a Senator running for the big job, he said: “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.” Though he does go on to say, correctly, that, “History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.” The problem, as I’ll address below, is that this Congress has made that option considerably less than preferable.
But is Obama’s action legal? After successive presidents got the US caught up in Asian quagmires in Korea and, most especially Vietnam (including, of course, the fabrication deceiving Congress about US forces being attacked in the Gulf of Tonkin, though the US had already been involved in Vietnam by that time for years), the Congress, in 1973, enacted the War Powers Resolution. The purpose of this law was to ensure that the president could no longer drag the US into a prolonged conflict without congressional permission. Continue reading