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U.S. Constitution
See other U.S. Constitution Articles

Title: President Obama Goes to War - Without Congress
Source: American Thinker
URL Source: http://www.americanthinker.com/blog ... dent_obama_goes_to_war_wi.html
Published: Mar 20, 2011
Author: Wesley Clark, MD
Post Date: 2011-03-20 16:49:31 by We The People
Keywords: None
Views: 120840
Comments: 105

Regardless of one's inclination toward the "freedom fighters" and the "monster" in Libya, or the wisdom of United States military intervention, there are certain formalities that are required, and that President Obama and his administration, including Secretary of State Clinton, appear determined to ignore, in violation of both the Constitution and United States Law.

Article 1, Section 8 of the Constitution specifies that it is the Congress that has the power to declare war. United States Code (50 U.S.C. 1541-1548), the War Powers Act, specifically states that the president may undertake the use of military force only in the case of "... a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." It further states that the President must consult with Congress, "...in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities ..."

Membership in the United Nations does not grant the Security Council the authority to order U.S. forces into action, and being the President does not permit Obama to violate the Constitution and the Law, to commit an act of war without the authorization of the People, through their Congress.

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Begin Trace Mode for Comment # 26.

#1. To: We The People (#0)

.

and not a FUCKING word from so the called CONSTITUTIONAL and TRADITIONAL "CONSERVATIVES" meme here.

Ah yes.

Affectation as opposed to natural honesty.

Bullshit is the language.

Self is the true cause.

"Send lawyers guns and money, the sh!t has hit the fan!"

Mad Dog  posted on  2011-03-22   18:02:23 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Mad Dog (#1)

I'm absolutely amazed that the Republicans, ANY Republicans, are not saying a word about this. The only outrage I've heard has come from Democrats, unless I've just missed it.

We The People  posted on  2011-03-23   19:11:55 ET  Reply   Untrace   Trace   Private Reply  


#6. To: We The People (#2)

I'm absolutely amazed that the Republicans, ANY Republicans, are not saying a word about this. The only outrage I've heard has come from Democrats, unless I've just missed it.

The War Powers Act gives the President 60 days before he needs Congressional approval.

lucysmom  posted on  2011-03-24   0:19:33 ET  Reply   Untrace   Trace   Private Reply  


#25. To: lucysmom (#6) (Edited)

The War Powers Act gives the President 60 days before he needs Congressional approval.

That is not true.

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.[citation needed] 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.

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

We The People  posted on  2011-03-26   17:28:57 ET  Reply   Untrace   Trace   Private Reply  


#26. To: We The People (#25)

That is not true.

Not so fast.

What does that little "[citation needed]" following 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. mean?

lucysmom  posted on  2011-03-26   21:20:28 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 26.

#27. To: lucysmom (#26) (Edited)

Not so fast.

We both know what it means, but let's not play games. Let's forget the wiki site and go straight to the text of the resolution...

www.law.cornell.edu/uscod..._50_00001541----000-.html

(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.

www.law.cornell.edu/uscod..._50_00001542----000-.html

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, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

There is no way around it, facts are facts. Obama has violated the US Constitution as well as the War Powers Resolution of 1973.

We The People  posted on  2011-03-27 10:24:07 ET  Reply   Untrace   Trace   Private Reply  


#28. To: lucysmom (#26)

Further...

www.law.cornell.edu/uscod..._50_00001543----000-.html

(a) Written report; time of submission; circumstances necessitating submission; information reported

In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—

(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;

(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or

(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;

the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—

(A) the circumstances necessitating the introduction of United States Armed Forces;

(B) the constitutional and legislative authority under which such introduction took place; and

(C) the estimated scope and duration of the hostilities or involvement.

(b) Other information reported

The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.

(c) Periodic reports; semiannual requirement

Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.

We The People  posted on  2011-03-27 10:28:34 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 26.

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