Cong Tom Cole: Libya Operations Disregards War Powers Law, Constitution

My Congressman hit this one out of the park with his remarks about President Obama ignoring the Constitution and the War Powers Act while committing our military to another wartime situation without approval of Congress.  If we had a media that cared about the truth, they would be asking the tough questions of Obama.  The mainstream media seems unable to do the research and formulate an article that actually told the truth of how Obama went around Congress by ignoring the Constitution and War Powers Act.  The media could use Cong Cole's article as a basis for tough questions for the Obama press secretary and/or writing an article about how Obama sent our military to war without Congressional approval if they really cared about the truth instead of protecting Obama.

This article should be mandatory reading for anyone defending Obama on his actions in Libya.  That also includes Obama, his entire Administration and the media!  Maybe they would learn the War Powers Act is law not just a piece of paper they can ignore like they continue to ignore the Constitution.

April 4, 2011

Libya Operation Disregards War Powers Law, Constitution
By: Congressman Tom Cole (R-OK)

"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."

So states the War Powers Resolution of 1973. Passed in the wake of undeclared wars in Korea and Vietnam, this law was intended to clarify and reassert the responsibility of Congress as the only body designated by the Constitution with the power to declare war and raise and support the armed forces. The law recognizes three circumstances under which the president has constitutional authority to introduce our armed forces into hostilities: a declaration of war, specific statutory authorization by Congress, or "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

In President Obama's belated remarks to the nation on military operations in Libya, delivered over one week after those operations had commenced, he failed to make the case that his decision to commit U.S. forces in Libya either complied with or was justified under the Constitution or the War Powers Resolution. While taking pains to emphasize his administration's coordination with the United Nations, European leaders, and the Arab League prior to launching the mission, the president inadvertently admitted to conferring with these groups far more extensively than he communicated with Congress. The president's passing reference to "consulting the bipartisan leadership of Congress" seems alarmingly inadequate given the circumstances. A vote by the U.N. Security Council is not a constitutionally recognized substitute for authorization by vote of the U.S. Congress.

America's armed forces are certainly the best in the world, but they are already overstretched from engagement in two wars. While Gadhafi is a dangerous dictator who needs to go, it is highly questionable whether the rebellion forces have the capability to remove him from power without more extensive and prolonged American involvement. Even if the opposition forces do prevail in dismantling the Gadhafi regime, it is far from certain that it would be replaced by a government that would be friendly to U.S. interests. ABC News reports that Defense Department records from 2007 indicate that nearly one-fifth of al Qaeda's foreign fighters in Iraq came from Libya, making Libya "far and away" the largest provider of foreign fighters per capita to the terror group's operations in Iraq. Furthermore, "almost all of the Libyan fighters hailed from the east -- cities like Benghazi, effectively the current opposition headquarters."

These are just a few of the factors that make any intervention in Libya a delicate and dangerous proposition subject to congressional debate and authorization. Regardless of whether intervention is warranted -- and even Defense Secretary Gates stated that Libya is not "a vital interest for the United States" -- there is a constitutionally mandated process that must be followed. President Obama was right to point out that the United States is exceptional and has unique responsibilities as "the world's most powerful nation." This is all the more reason why we should protect our power by exercising it only according to the limits prescribed by the Constitution.

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Congressman Cole has covered the aspects of why Obama had an obligation to come to Congress for approval not notify them 90 minutes before the first military flights were launched.  Has anyone heard he notified in Congress? Obviously was not any Republicans including the Speaker of the House.