Can someone please explain this to me?

[missheidi]

I'm a bit confused, with Boehner's comments yesterday about Obama not alerting Congress of the military actions, and with Kucinich's statement about impeachment. If this is a UN sanctioned action, does Obama really have to run anything by Congress?

[bbinacan]

1. Yes. n/t

[trof]

2. I have no idea. From truthout:

"The US is now at war in a third Muslim country, according to the "official tally" (that is, counting Iraq, Afghanistan and Libya, but not Pakistan or Yemen, for example.) But Congress has never authorized or debated the US military intervention in Libya. (A sharply disputed claim holds that the Pakistan and Yemen actions are covered by the 2001 authorization of military force, but no one has dared to argue that the 2001 authorization to use military force covers Libya.)

Some will no doubt claim that the president is acting in Libya within his authority as commander in chief. But this is an extremely dangerous claim.

To put it crudely: as a matter of logic, if President Obama can bomb Libya without Congressional authorization, then President Palin can bomb Iran without Congressional authorization. If, God forbid, we ever get to that fork in the road, you can bet your bottom dollar that the advocates of bombing Iran will invoke Congressional silence now as justification for their claims of unilateral presidential authority to bomb anywhere, anytime."

More:
http://www.truth-out.org/congress-must-debate-libya-war68643

[missheidi]

4. Thanks for that...though I can see why

he wouldn't consult Congress, seeing as though the current bunch has accomplished not much at all.

[Tx4obama]

3. Obama HAS notified Congress via a letter

within the 48 hour time frame, which he is required to do pursuant The War Powers Resolution of 1973.

See here: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=433x634700

[missheidi]

6. Thanks for posting that. I wasn't sure if he had to formally notify them, or

if they were just belly-aching.

[Catherina]

8. Won't cover him. We weren't under attack or imminent threat. He had no authority n/t

[Tx4obama]

14. See comment #13 n/t

[Catherina]

5. Who represents US taxpayers? Sarkozy, Cameron and the Arab monarchies

or Congress? Yes indeed he does. That's how the founding fathers set it up and the War Act is no cover for this.

The War Powers Resolution of 1973 (50 U.S.C. 1541–1548) was a United States Congress joint resolution providing that the President can send U.S. armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat. The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.

http://en.wikipedia.org/wiki/War_Powers_Resolution

US Code

TITLE 50 > CHAPTER 33 > § 1541

§ 1541. Purpose and policy
(a) Congressional declaration

It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.

(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.

(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.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001541----000-.html

We were not under attack or serious threat of attack.

[GodlessBiker]

7. Did Truman have to clear anything with Congress for the Korean War? Or was ...

the UN resolution enough?

[jdlh8894]

9. One more time -----

Korea was a "police action" not a war.

[GodlessBiker]

10. Isn't this the same?

[jdlh8894]

12. Good question!

Guess the difference would be - are you defending or attacking?

[Tx4obama]

13. By the way ....

There was no declaration of war in Korea, Vietnam, either Gulf War, Somalia, Afghanistan, or any of the smaller actions.

The last time that the US declared war was against Italy and Germany in World War II.

[GeorgeGist]

16. snort, giggle ...

please share what you're smoking.

[panader0]

11. Didn't Obama meet with key members of congress first?

[Riftaxe]

15. Candidate Obama says such action requires congressional approval

President Obama, not so much.