Sunday, May 22, 2011

War Powers

The War Powers Act of 1973

As seen there...you can read for yourself. Some debate its very constitutionality but let us not take that route yet.

Consider this; The current administration (President Obama e. al.) cited at the beginning of the Libya campaign that the War Powers Resolution gave him the ability to commit forces for a limited time which has now exceeded the legal limit of 60 days after which is is required by law to seek congressional approval.

Now, having had congress nicely ask him to ask them for permission he refuses and says that the act which enabled him to begin these hostile acts now no longer applies simply because the USA is not in "the lead".

The law makes no distinction about "leadership" or some other ambiguous term that the administration would pass off as legalese.

Here is the relevant text:

CONGRESSIONAL ACTION

SEC. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

(b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

(c) Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.


Despite it being written by lawyers...it is actually pretty clear that in any circumstances that US armed forces are committed that the President is required to make a report to Congress after those 60 days have elapsed and at least once every 6 months thereafter.

At the same time Congress has to get its own act together and demand that the President submit a report and get statutory authorization... or else remove the troops post haste.

The law is not a trick to be used. I.E. the war powers act was used to authorize the involvement of US forces in a NATO action...and now that they are introduced the President claims that their use with NATO means he doesn't need any authorization.

It is a crap argument and falls on its own face. Even Clinton got statutory authorization from Congress for Kosovo. Bush had congressional authorization twoce (Afghanistan and then Iraq). This guy...like him or not is acting worse than Bush in terms of his abuse of Presidential powers.

Prove me wrong... I dare anyone.