Obama Defies the Constitution and Congress!

By: Richard H. Frank

The Constitution of the United States of America is crystal clear with regard to Presidential powers as they relate to war. Specifically, only Congress has the authority to take this nation to war via congressional declaration. Only after such a declaration is the President, as Commander-in-Chief, authorized to conduct war against a defined enemy.

In 1973 Congress passed “The War Powers Resolution” which placed restrictions upon the President to make war. Those restrictions included  evidence required of an attack on the united States, its possessions and protectorates, or armed forces. The President is required to consult with Congress prior to committing troops and continue such consultation until our forces are no longer involved. Also, he is required to file a report to Congress with in 48 hours seeking authorization and after 60 days from the time the report is filed must withdraw such forces.

Further, it has been specifically documented that United Nations Security Council approval does not constitute authorization by Congress pursuant to the War Powers Resolution.

President Obama addressed the nation on March 28, 2011 attempting to establish his authority and leadership role by leading the NATO coalition against Muammar Qaddafi of Libya for crimes against his own people. According to President Obama his leadership and that of those of his diplomats resulted in a swift formation of a coalition of 28 nations and the placing of sanctions against the Libyan regime. Those swift steps took 31 days during which Gaddhafi’s armies devastated the revolutionary forces.

Obama stated that it was not in our national interests but would be against our values should we not have initiated action against the Libyan forces. During his entire speech he failed to identify the conflict in Libya as either a war, or a civil war, which in either case does not constitute an attack upon the U. S., our possessions or protectorates, or our armed forces. Thus his intervention in this civil uprising is unlawful and unconstitutional.

The President contends that his actions have freed 700,000 people seeking freedom from fear, unwarranted arrest, assault and slaughter and having stopped the deadly advance of qaddafi’s forces against the Libyan people. He attempted to couch his position by stating he had consulted with members of Congress before committing American forces to the conflict although this remains to be confirmed. The estimate that the initial dollars spent is more than one billion in unauthorized treasure for the conflict to date.

He stood before the nation and declared that genocide would not be  allowed to take place as long as he was President and Commander-in-Chief. If that statement is meant to define the Obama doctrine then what about genocide taking place in Uganda, Kenya, Darfur, Jordan, Syria, Iran and on and on all over the middle east and Arab countries? The truth is that we have a President worried about his prospects for reelection in 2012 because of his dismal record on domestic matters and sees Libya as a pawn to use in his never-ending election campaign.

If ever there was a situation that shows his contempt for our Constitution and the rule of law it is this reckless venture into Libya under Obama’s leadership. Perhaps our President needs to be reminded of his oath of office to “preserve, protect and defend the Constitution of the United States of America.”

Make no mistake regardless of the outcome in Libya Barack Obama will have sufficiently insulated himself from bearing any responsibility for failure but is sure to take the credit for any success.