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Reply #1: When Obama did air strikes in Libya on his own, 10 members of Congress sued him for violating the. [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-10-13 11:56 PM
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1. When Obama did air strikes in Libya on his own, 10 members of Congress sued him for violating the.
Edited on Wed Sep-11-13 12:11 AM by No Elephants
Constitution. That group was made up of Democrats, Republicans and Ron Paul.

Originally they had sued him for violating the Constitution and the War Powers Resolution, but they dropped the latter charge and proceeded with the Constitution alone.

Even the War Powers Resolution, which I believe is itself unconstitutional, requires an imminent threat to our national security in order for the President to act without Congressional authorization. And even that was designed to curb powers to bomb that Nixon claimed he had.

Obama had said back in January that he was thinking of getting involved in Syria, not to expand Presidential powers. So, clearly, the threat presented by use of chemical weapons in Syria was not so immediate that Obama did not have time to consult Congress. And that is all that the War Powers Resolution would have covered him for, even if it were constitutional.

After Obama seemed to be ready to proceed in Syria on his own, many members of Congress were all over the media saying they wanted him to consult Congress before doing anything in Syria. It may be that he got threatened privately with a lawsuit or even impeachment if he insisted on going ahead as though the Constitution did not exist, which is what he did in Libya.

So, yes, maybe he did not want a bipartisan impeachment in his legacy for the high crime of violating his Presidential oath of office, along with the highest law of the land. Or the distinction of being the only President sued not once, but twice, for violating the war powers clause of the Constitution.

Meanwhile, Obama is still looking for an AUMF, though the one he wants may not be as broad as the one he ultimately gets. (Some Senators were drafting a new one yesterday.) Obama has also pretty much succeeded in re-defining war as "boots on the ground," as opposed to things everyone formerly considered an act of war, like bombing. And, perhaps not so incidentally, that gives him cover for his drone strikes, too.

Pearl Harbor involved not one Japanese boot on the ground. It did not even involve ground. Is there really any doubt that Japan was at war with us when they dropped their bombs?

And, if I am not mistaken, Tuesday night, Obama became the first President to explicity declare the RW doctrine of American exceptionalism.

So, even though he does not yet have authorization to bomb--yet--Obama did accomplish quite a bit with this bid, none of it good, IMO, except for a nod to Article I, which he may have been forced into privately
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