Wednesday, March 23, 2011

Did Obama violate the Constitution with Libya military action?

As Ghadafi's ruling in Libya triggered many other countries, the U.S. joined France, Britain and Canada to defeat the oppressive regime. United States continues to be involved in missile strikes to establish no fly zone and it is unsure so far how far this battle or perhaps war will last.
While this is continuing, many American's question is: "Was Obama's decision constitutional?" It is a fact that in the constitution, congress must approve when it comes to declaring war as a president. 


http://images.politico.com/global/news/110321_obama_libya_comments_ap_328.jpgThe Constitution itself doesn't answer the question, because it gives Congress authority "to raise and support Armies," "to provide and maintain a Navy," and "to declare War." But it also provides that, "The President shall be Commander in Chief of the Army and Navy of the United States."
Congress has formally declared war only five times in U.S. history -- for the War of 1812, the Mexican War, the Spanish-American War, and World Wars I and II. But presidents have approved dozens of military actions with no such declaration, including the Korean conflict and the war in Vietnam. 
Some legal scholars conclude that President Obama violated the law's requirements, when he failed to seek congressional approval.
"Judging just from the pictures of what we are seeing happening on the ground, this is quite substantial, and this is the sort of thing that would have needed Congressional approval," said Professor Oona Hathaway of Yale Law School, an expert on executive power and international law.
While the president has stressed the international component of the operation, she believes that makes no difference. "The fact that the Security Council has authorized an imposition of a no-fly zone does not answer the constitutional questions," she said.
But one former official who advised President George W. Bush said that while the decision to deploy U.S. forces in the Libyan operation was a political and strategic mistake, it's entirely legal.
"Congress raises and supports the military, but the president is the commander. Declaring war and making war are two different functions. There's no question President Obama has the authority to do what he did," the official said, asking that his name not be used.


I think it is unsure so far whether if we can clearly define this a war or not. Meanwhile, Obama have stated that he will had over the command of the military intervention in Libya to allies within days or weeks; however, the media believes that it will be delayed.

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