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Status: Not Logged In; Sign In 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: 115022 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. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 65. #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   #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   #32. To: We The People (#28) 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— Obama's written report: www.whitehouse.gov/the-pr...encement-operations-libya lucysmom  posted on  2011-03-27   11:58:15 ET  Reply   Untrace   Trace   Private Reply   #38. To: lucysmom (#32) 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— Obama's written report: www.whitehouse.gov/the-pr...encement-operations-libya Note that notification is not the same as authorization, which is what the Constitution and the War Powers Resolution requires. The President was once a Senior Lecturer (not a professor) in Constitutional Law. In 2007 he knew what the President's duties were in this regard, but I guess it was different, since he wasn't the President: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation,” that was then candidate Obama answering a question from the press. We The People  posted on  2011-03-27   12:27:46 ET  Reply   Untrace   Trace   Private Reply   #44. To: We The People (#38) Note that notification is not the same as authorization, which is what the Constitution and the War Powers Resolution requires. "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" So whats your point? lucysmom  posted on  2011-03-27   12:54:23 ET  Reply   Untrace   Trace   Private Reply   #45. To: lucysmom (#44) So whats your point? ...that notification is not the same as authorization... We The People  posted on  2011-03-27   12:58:27 ET  Reply   Untrace   Trace   Private Reply   #48. To: We The People (#45) ...that notification is not the same as authorization... Obama was obligated to provide notification within 48 hours after the fact and did so. lucysmom  posted on  2011-03-27   13:05:28 ET  Reply   Untrace   Trace   Private Reply   #52. To: lucysmom (#48) Obama was obligated to provide notification within 48 hours after the fact and did so. Are you saying that you believe the 'notification within 48 hours' relieves him of his obligation to gain Congressional 'authorization', in a case which is CLEARLY not an imminent threat to the US? We The People  posted on  2011-03-27   13:15:16 ET  Reply   Untrace   Trace   Private Reply   #65. To: All (#52) Are you saying that you believe the 'notification within 48 hours' relieves him of his obligation to gain Congressional 'authorization', in a case which is CLEARLY not an imminent threat to the US? His own 48 hour explanation says not one word about Libya being a threat, imminent or otherwise, to the US. His justification for these actions are UN Resolutions and humanitarian reasons. This is a clear violation of the Constitution and the War Powers resolution. Both require the authorization of Congress. Not simply notification after the fact. We The People  posted on  2011-03-27   13:40:43 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 65. #69. To: We The People (#65) His own 48 hour explanation says not one word about Libya being a threat, imminent or otherwise, to the US. His justification for these actions are UN Resolutions and humanitarian reasons. Wasn't enforcing a UN resolution the justification Bush used for his Iraq invasion? Destabilizing the region is not the same as humanitarian reasons. lucysmom  posted on  2011-03-27 13:48:41 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 65. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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