The Libertarian Patriot
Once again Rand Paul is taking the administration to task for it's attempt to circumvent the War Powers Resolution and continue the use of our military in the now NATO led "kinetic action" without Congressional approval.
Senator Rand Paul
Sen. Paul Responds to Obama’s Mishandling of Libyan WarNot satisfied with issuing a simple press release, the junior Senator from Kentucky also penned an op-ed in the Washington Times which further expands on his opposition the the administration's position that Congressional approval is not required. It should be noted that the administration is even going as far as rejecting Pentagon and DOJ opinions that the action does indeed require approval.
Jun 16, 2011
WASHINGTON, D.C. - Today, Sen. Rand Paul issued the following statement regarding President Obama's mishandling of the situation in Libya.
"The Obama Administration has failed miserably in its attempt to justify their unconstitutional war in Libya. Their attempt yesterday to convince Congress that we are in fact not engaged in hostilities was breathtaking in its implications for both Libya and for future presidential war authority.
"The argument that our military is not engaged in hostilities because the Libyan military is unable to effectively retaliate has two major problems. First, according to the Administration's report, attacking Libyan air defense is one of the primary roles our military is playing. Of course they aren't shooting back well, we blew up their air defense system.
"If you take the Administration's logic to its natural, if extreme-sounding, conclusion, the bigger problem is this: Under their logic, the President could attack a country, even with nuclear weapons, and not consider it to be a war needing Congressional approval if the country is unable to retaliate. This policy completely violates his constitutional authority. It also sends a dangerous signal to rogue nations and schoolyard bullies alike: If we hit you hard enough that you can't hit back, it doesn't count as an attack."
America was flung into a war that lacks congressional approval and fiscal discipline. The administration’s complete disregard for the Constitution has bothered many Americans, for the Constitution clearly states that it is Congress that has the power to declare war, not the president. The War Powers Act also clearly states that U.S. armed forces are to engage in immediate hostilities only if the circumstances are “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.”Read the rest of the op-ed here
Absent these criteria, the president has no authority to declare war. Even if the president believes he has such authority, the War Powers Act goes on to require the president to seek congressional approval within 60 days of conflict. That deadline has come and gone, and only last night did Mr. Obama belatedly begin providing Congress and the American people with answers. The mission in Libya does not comply with the requirements outlined in the War Powers Act. Therefore, I demand an explanation.
Like Senator Paul, I believe that Obama is is in violation of the War Powers Resolution and like Presidents before him is usurping powers not granted in Article II Section 2 of the Constitution. The Founders intentionally put checks in the Constitution, namely Article I Section 8 Clause 11 to prevent the President from entering into wars at will.