Monday, June 27, 2011

Obama's War in Libya is Unconstitutional!

By Reginald Kaigler (DEMCAD)

Nato is killing women and children in Libya with its reckless bombing raids. NATO finally admitted that they killed civilians when a missile hit a home Souk al- Gomaa killing nine people including two children.

Congress voted on Libya and the numbers are in.

Yes= 180, No= 238 on defunding Libya. Funny how the Dems and GOP can never manage to defund an unjust war. Remember when the Democrats spent all of 2006 talking about "bringing the troops home"? And then when they were swept into power, they put on a 6 month show and relented to war in Iraq. Bush received every penny he wanted to continue his unjust war. Well, now the Republicans and Democrats have failed to defund Obama's illegal (and unconstitutional) war in Libya. Obama did not have proper authorization to attack Libya. His justification was that since American forces were participating in a NATO operation that he didn't need authorization from Congress. He's wrong.

The War Powers Resolution of 1973 made it clear that the President needs authorization for the use of force. And since Libya didn't represent an imminent threat, the President has no ground to stand on.

The War Powers Resolution of 1973 § 1541. Purpose and policy
(c) Presidential executive power as Commander-in-Chief; limitation
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.

So let's see, did Obama ask for a declaration of war? No!
Did Obama ask Congress for authorization? No!
Did Libya attack America? No!

With this in mind, I think President Obama is in violation of both the United States constitution and The War Powers Resolution of 1973.

NATO Probing Libyan Claims of Civilian Deaths

The War Powers Resolution of 1973