[Update] Boehner resolution on Libya passes 268-145; Kucinich fails 148-265. (Both links are to roll call.)Representative Dennis Kucinich (D-OH) is introducing a House Resolution which would require Barack Obama to withdraw all U.S. armed forces from participating in the Libya action Obama authorized without getting the Congressional approval required by the War Powers Resolution of 1973.
John Behner is introducing a competing resolution meant to force Barack Obama to comply with the law.
War Powers Resolution : Purpose and policy
(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.
After 60 days, a president has 30 days to withdraw the U.S. military from any action that was not authorized by Congress under the War Powers Resolution also referred to as the War Powers Act.
Obama passed the 60 day mark passed on Friday, May 20, 2011.
Speaker of the House John Boehner is offering an alternative resolution to Kucinich's.
In a resolution to be voted on in the House tomorrow, Boehner is giving the president two weeks – until the Pentagon Appropriations bill comes up – to either:
a) Ask for authorization for the military intervention in Libya, or
b) Figure out how to disengage the US from the NATO operation in Libya.
The resolution states: “The President has not sought, and Congress has not provided, authorization for the introduction or continued involvement of the United States Armed Forces in Libya. Congress has the constitutional prerogative to withhold funding for any unauthorized use of the United States Armed Forces, including for unauthorized activities regarding Libya.”
Boehner's resolution is seeing support from some very unlikely far left liberal sources. While I have never seen a case where I agreed with that particular site writer, I have to admit I do here. Obama should have gotten authorization, he didn't. We have committed, therefore simply pulling out would be a betrayal to our allies.
The middle ground is Boehner's resolution of forcing Obama to comply with the law or break it clearly and very publicly.
Between Kucinich's resolution and Boehner's, the options being given to Obama is basically, either comply with the law or violate it, but no more avoiding the fact that there is a law.
Since there was more support than initially projected for Kucinich's resolution, perhaps Boehner should have given Obama the two-week time limit on Boehner's resolution and if Obama continued to ignore and violate the law after that, then let Kucinich's come to a vote which would force a withdrawal and be voted on by the Senate and the House.
Because there has been no authorization therefore no specific funding set aside for our Libya war action, the Pentagon has been forced to use funds already available.
No doubt that when the Pentagon Appropriations bill comes up in two weeks, the amount of time the Boehner resolution gives Obama to comply with the law, there will be no funds appropriated to Obama's war in Libya.
The House should also specify that no funds appropriated to the Pentagon in the upcoming bill, be used in any way, shape or form, to fund Obama's unauthorized military actions in Libya.
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