Rule Of Law: Whether you back military action against Libya's Moammar Gadhafi or not, it's troubling that President Obama refuses to seek Congress' support for the conflict there. It shows an unhealthy contempt for the law.
The War Powers Act, passed in 1973 in the waning days of the Vietnam War by Democrats trying to seize power from a scandal-weakened President Nixon, isn't a model law. In fact, a good case can be made that it's unconstitutional.
That said, it's never been successfully challenged before the Supreme Court. It's the law of the land. And exactly what it says — and requires — is clear: A president can commit troops to a conflict for up to 60 days before he has to seek congressional approval for it. This is in keeping with Article 1 of the Constitution, which gives Congress broad powers to declare war.
It's now past 60 days since the U.S. began working with NATO to remove dictator Moammar Gadhafi from power. On Tuesday, NATO jets pounded Tripoli with some of the most intense bombing of the conflict so far and dozens of people were reported killed.
So why hasn't Obama consulted with Congress, as required by law? It seems he consulted with everyone else — the U.N. Security Council, NATO, the leaders of France, Great Britain and other European nations. Everyone but Congress, as required by law.
That's why the House last Friday approved Speaker John Boehner's resolution by a bipartisan 268-154 margin asking the president to explain the Libya campaign, and estimate its costs, within two weeks.
"The American people and the members of this House have questions and concerns that have gone unanswered," Boehner said Friday. We agree.
Boehner really did Obama a favor, since a competing resolution by dovish Rep. Dennis Kucinich, D-Ohio, called the action unconstitutional and would have required U.S. military action in Libya to end in 15 days. Kucinich's measure failed, but still got 87 Republican votes — and just 61 Democrats.
So now, the question is: What is our mission?
In March, Obama said: "Broadening our military mission to include regime change would be a mistake." But by late May, he was talking about freeing Libya from "40 years of tyranny." So which is it?
Another problem is, no one knows who will replace Gadhafi — a moderate, modernizing technocrat, or a gang of thugs led by the terrorist Muslim Brotherhood? These are legitimate questions.
The problem is, Obama's not saying. It's almost as if he can't be bothered. Or maybe it's that our president, who in the past has cited his experience teaching constitutional law at the University of Chicago, has a contempt for the Constitution and the rule of law.
Sure looks that way. We know that presidents are granted great leeway in responding to national security emergencies. But they can't just do whatever they want, then hand the bill to Congress.
Remember how President George W. Bush handled the war in Iraq? He went to Congress for approval, and won it. Only later, when the war became unpopular, did Democrats try to take their support back with their disgraceful "Bush lied, people died" mantra.
But they did approve of the Iraq war.
This time, Obama has basically ignored Congress, while changing his mind repeatedly over what to do about Gadhafi.
As former U.S. ambassador to the U.N. John Bolton said, "Mr. Obama's weakness and indecisiveness continue to risk having Libya descend into anarchy or split into two states and undercut our credibility and commitment elsewhere."
This is why, as president, you need support of both Congress and the American people for any military action. Without it, you weaken your nation's ability to defend itself. We're starting to wonder: Is that the idea?
This is a question of the rule of law — not of policy. The rule of law in a constitutional republic such as ours is everything. Without it, we'd descend into chaos.
Both Congress and the American people have legitimate questions about what we're doing in Libya. It's time Obama provided some answers, and while he's at it, get congressional approval for what he's doing.
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