War Against Libya Constitutionally Illegal; Obama Now Impeachable
source: http://blogcritics.org/politics/article/war-against-libya-constitutionally-illegal-obama1/
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- Dagum
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Now let us recall what Obama said back in 2007, when he was running for president: "The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation." Obama's words in 2007 and his actions in 2011 seem rather contradictory, don't they? And in fact, noted constitutional scholar Barack Obama was correct back in 2007. The War Powers Resolution of 1973 states that the president can only send the armed forces into military action abroad when the Congress has authorized it or if the United States is under attack, or at serious threat of attack.
Libya was not attacking us, and was not threatening to attack us. The Congress has not declared war on Libya, nor authorized military action against Libya. Therefore, this is an illegal and unconstitutional war. Violating the Constitution by launching an illegal war surely rises to the level of "high crimes and misdemeanors," which is an impeachable offense.
QED.
Dennis Kucinich and Ron Paul are right. This isn't a Republican issue or a Democrat issue. It isn't a conservative issue or a liberal issue. This is a constitutional issue.
Continued:
http://blogcritics.org/politics/article/war-against-libya-constitutionally-illeg...
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BrushwithDeathToothpaste
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I guess the author has a dictionary that does not contain the word unilateral. I guess the author is so poorly educated in respect to the law that they don't know what a U.N. Resolution either. That it OK, a lot of people seem to possess the same gap in knowledge.
- 1 year ago
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BrushwithDeathToothpaste
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Dagum
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BrushwithDeathToothpaste:
The U.N. literally has NO bearing on whether a U.S. military action is Constitutional or not.
- 1 year ago
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Dagum
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extracrazykiwi2008
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How many laws did our last president break?
- 1 year ago
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extracrazykiwi2008
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August_K
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If you're looking for support.......I doubt you'll find much here.
- 1 year ago
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August_K
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Nephwrack
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seriously? are you so fucking partisan that you dont give a shit if a brutal dictator is massacring his people with antiaircraft guns? you make me fucking sick. this is NOTHING like iraq.
- 1 year ago
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Nephwrack
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korkd
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We've been dropping bombs in Pakistan for years. To my Knowledge we are not at war with Pakistan ether? Congressional approval? I love that how some people pick and choose what they what to point out....
- 1 year ago
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korkd
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onemalefla [removed]
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onemalefla [removed]
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extracrazykiwi2008
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onemalefla:
I love your profile picture onemalefla
- 1 year ago
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extracrazykiwi2008
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irie_ojo
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they are all the same puppet just a different face....
- 1 year ago
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irie_ojo
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ArthurDent
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Neither was Iraq an eminent threat.
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ArthurDent
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bailey78
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ArthurDent:
But Bush had WMD's to get rid of
- 1 year ago
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bailey78
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Nephwrack
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ArthurDent:
there's a big difference. kadaffi was massacring his own people. we didn't go into Libya under false pretenses, but because they begged for help from the UN.
- 1 year ago
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Nephwrack
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dooder
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i 100% agree . We had no business helping rebels within a foreign land. Its a waste of money we dont have and I find my trust in Obama gone down the shitter. Do I think we should impeach.... No , It is an embarrassment to our already frail country and think if Congress would move to impeach Obama it would be a racial conflict . He has one year left and unless he does some remarkable things he will be out anyhow .
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dooder
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alexandrek [removed]
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dooder: This comment was removed by its owner.
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alexandrek [removed]
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dooder
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alexandrek:
American is not the protector of earth ..
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dooder
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Misti [removed]
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Misti [removed]
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Nexus_Galaxatron
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Misti:
That is irrelevant. He did not take this statement back
"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation," he insisted.
"While the action is billed as protecting the civilians of Libya, a no-fly-zone begins with an attack on the air defenses of Libya and Qaddafi forces. It is an act of war. The president made statements which attempt to minimize U.S. action, but U.S. planes may drop U.S. bombs and U.S. missiles may be involved in striking another sovereign nation. War from the air is still war."
"Congress should be called back into session immediately to decide whether or not to authorize the United States’ participation in a military strike. If it does not, the action of the President is contrary to U.S. Constitution. Article 1, Section 8 of the Constitution clearly states that the United States Congress has the power to declare war. The President does not. That was the Founders’ intent," the Ohio congressman added.
"The last thing we need is to be embroiled in yet another intervention in another Muslim country. The American people have had enough. First it was Afghanistan, then Iraq. Then bombs began to fall in Pakistan, then Yemen, and soon it seems bombs could be falling in Libya. Our nation simply cannot afford another war, economically, diplomatically or spiritually," Kucinich concluded."
Either he is right or he is wrong, which is it?
- 1 year ago
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Nexus_Galaxatron
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Misti [removed]
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Nexus_Galaxatron: This comment was removed by its owner.
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Misti [removed]
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Nexus_Galaxatron
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Misti:
I am only excited for defenders of the constitution. We need more politicians that take the constitution seriously.
- 1 year ago
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Nexus_Galaxatron
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Nephwrack
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Misti:
i've lost all respect for kucinich, he's shown himself to be just as callous as any other libertarian.
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Nephwrack
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Schnookums
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When I daydream sometimes, I dream that Dennis Kucinich is the Democratic nominee for president and Ron Paul the Republican. All foolishness (and improbabilities) aside.....can you imagine what the presidential debates would be like?
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Schnookums
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Nephwrack
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Schnookums:
yeah they would be exactly one sided as they're both the same candidate. isolationist cowards. i've lost any respect for kucinich.
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Nephwrack
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Nexus_Galaxatron
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Again, so you can read it in Dennis Kucinich own words:
"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation," he insisted.
"While the action is billed as protecting the civilians of Libya, a no-fly-zone begins with an attack on the air defenses of Libya and Qaddafi forces. It is an act of war. The president made statements which attempt to minimize U.S. action, but U.S. planes may drop U.S. bombs and U.S. missiles may be involved in striking another sovereign nation. War from the air is still war."
"Congress should be called back into session immediately to decide whether or not to authorize the United States’ participation in a military strike. If it does not, the action of the President is contrary to U.S. Constitution. Article 1, Section 8 of the Constitution clearly states that the United States Congress has the power to declare war. The President does not. That was the Founders’ intent," the Ohio congressman added.
"The last thing we need is to be embroiled in yet another intervention in another Muslim country. The American people have had enough. First it was Afghanistan, then Iraq. Then bombs began to fall in Pakistan, then Yemen, and soon it seems bombs could be falling in Libya. Our nation simply cannot afford another war, economically, diplomatically or spiritually," Kucinich concluded.
You can down it if you want, doesn't change the fact, he is right
- 1 year ago
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Nexus_Galaxatron
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Nexus_Galaxatron
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Again, as quoted by Dennis Kucinich "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation,"
It doesn't matter how we feel about the actions taken. We are a Constitutional Republic. That means we are bound by the constitution whether we like it or not. The constitution is very clear on military intervention. Congress must approve all military action, period. There are lots of dictators. China has a dictator, North Korea has a dictator, should we go into these clearly oppressed places and bomb them to change the regime? No. We are not the world police. We are broke.
We cannot fire teachers, cut medical and educational programs, cease benefits and fire missiles at the same time.
- 1 year ago
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Nexus_Galaxatron
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unimatrix0
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This is just some pathetic right wing nut's wet dream. Let the poor pathetic bastards dream about impeaching Obama, it will never happen, and it keeps these mentally unstable and potentially dangerous imbeciles preoccupied.
There, I said it!
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unimatrix0
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Nexus_Galaxatron
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unimatrix0:
Then I suppose Dennis Kucinich is a right wing nut? Sorry can't have it both ways. Either you are for the constitution, like it or not; or you are for shredding the document. Which is it oh anointed one?
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Nexus_Galaxatron
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timing8
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Is this really a war or is Obama (we the United States) helping the Libyan 'rebels' defeat someone we clearly called a dictator just two weeks ago? Why is he impeachable now when two weeks ago the media was saying that he needed to do "something"? Military action was taken by not only America but Britain and France etc. to fight for freedom.
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timing8
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Seauvan
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I'm content to let the right-wing PISS AND MOAN ALL THEY WANT about this. I'D BE THRILLED if they made a motion in the House to impeach the president! I doubt the Republicans have the stones. If the House debate doesn't expose this farce (and considering the Republicans control the House, EVEN THE DEBATE WILL BE A JOKE) the Senate proceedings would lay bare the absurdity of the right-wing's position.
And, once again, Republicans will have wasted time and money NOT CREATING JOBS.
- 1 year ago
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Seauvan
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gypsysailor
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This is bullshit. If the republicans impeach the President there will be a war for sure.
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gypsysailor
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Nick19
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Wow, people will impeach Obama for anything these days. We couldn't impeach Bush for two wars and why do you think we should bother impeaching Obama? We should all be happy that this extremely small intervention made the needed difference in helping Libyan Rebels. They are retaking towns and we should celebrate this as a successful accomplishment in supporting a democratic revolution. Instead, people are bitching about constitutionality of the whole situation.
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Nick19
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Nexus_Galaxatron
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FYI: not saying all liberals are bad. I have some very educated friends that are very liberal, however they also have intelligence and common sense. I tend to agree with Dennis Kucinich on many things, and Ron Paul on the rest. Good guys, however flawed some of their views may be, they should run together for Prez and Vice
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Nexus_Galaxatron
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Nexus_Galaxatron
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"Let me get the second agument straight you think what we are doing in Libia should be done elsewhere? well Im all for that myself but that point shoots your whole "we cant be in Libia it unconstitutional" argument out of the water...jack ass...."=========================================================no, I don't think we should be world police. I didn't support Bush's war and I don't support Obama's war. You justify it however you want libertard just one more check on the angry welfare hordes that think Obama can do no wrong. Even Kucinich is against this. I don't know what community college you go to but you should learn how to spell. It is "Argument" and "Libya".. just saying oh educated one
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Nexus_Galaxatron
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hombre76
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Nexus_Galaxatron:
wow that was quite a retort there, you managed to find some spelling errors...good for you. so realy you dont care about anyone but your self and only want action when its for your benifit. well I think most people dont really care about that kind of greedy uncaring attitude. and please refrain from any more spelling leasons cause frankly my dear I dont give a damn.....
- 1 year ago
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hombre76
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Nexus_Galaxatron
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hombre76:
May I quote Dennis Kucinich
"The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation," he insisted.
"While the action is billed as protecting the civilians of Libya, a no-fly-zone begins with an attack on the air defenses of Libya and Qaddafi forces. It is an act of war. The president made statements which attempt to minimize U.S. action, but U.S. planes may drop U.S. bombs and U.S. missiles may be involved in striking another sovereign nation. War from the air is still war."
"Congress should be called back into session immediately to decide whether or not to authorize the United States’ participation in a military strike. If it does not, the action of the President is contrary to U.S. Constitution. Article 1, Section 8 of the Constitution clearly states that the United States Congress has the power to declare war. The President does not. That was the Founders’ intent," the Ohio congressman added.
"The last thing we need is to be embroiled in yet another intervention in another Muslim country. The American people have had enough. First it was Afghanistan, then Iraq. Then bombs began to fall in Pakistan, then Yemen, and soon it seems bombs could be falling in Libya. Our nation simply cannot afford another war, economically, diplomatically or spiritually," Kucinich concluded.
Former presidential candidate Ralph Nader also said the president was committing "war crimes" in the attack against Libya.
"Why don't we say what's on the minds of many legal experts; that the Obama administration is committing war crimes and if Bush should have been impeached, Obama should be impeached," Nader told Democracy Now! Thursday.
- 1 year ago
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Nexus_Galaxatron
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hombre76
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wow you fucking retards that keep bitching about this think you know so much. well your wrong again, THERE "I" SAID IT! we have treatys and aliances with the UN and it is wholy within the right and power of the president to enforce resolutions passed by that agency in which we maintain a veto as do other nations. but you morons wount listen to me so go ahead and talk your Bull Shit about how your gona impeach so and so and I'll kick back and laugh as the only thing you accomplish is giving yourselves a sore throat. jack asses....
- 1 year ago
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hombre76
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Schnookums
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hombre76:
If we're going to act with international authority (however flawed that may be), perhaps the international community should equally share the costs?
By the way, the only reason your argument works is because China and Russia were brave enough to not vote on the issue........not exactly an international consensus.
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Schnookums
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asocial
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hombre76:
Not if they violate the UN Charter and the Constitution! There, I said it. And you can stick your "fucking retard" remark right up your ass!
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asocial
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afloyd60
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hombre76:
http://en.wikipedia.org/wiki/Reid_v._Covert
treaties < Constitution
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afloyd60
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Nexus_Galaxatron
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Right. America is not at war with LIbya. When America sends Tomahawk missiles towards another countries "targets" it's a humanitarian cause. Just like when we ignore whats going on in North Korea or the Congo. Somehow Libya is different. If this is true, Iraq was a humanitarian issue to protect the people against Saddam.
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Nexus_Galaxatron
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hombre76
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Nexus_Galaxatron:
except that bush never bothered to get a UN resolution to do so and infact violated the resolutions that the UN had already passed in regard to saddam and his regime...but I soppose thats to much history for your revisionist memory HUH?
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hombre76
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hombre76
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Nexus_Galaxatron:
Let me get the second agument straight you think what we are doing in Libia should be done elsewhere? well Im all for that myself but that point shoots your whole "we cant be in Libia it unconstitutional" argument out of the water...jack ass....
- 1 year ago
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hombre76
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Vierotchka
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America is not at war against Libya - it is a member of an alliance which is not at war with Libya but carrying out a UN mandate to enforce a no-fly-zone and to protect Libyan civilians from Gaddafi's military.
- 1 year ago
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Vierotchka
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KB723
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Vierotchka:
Good Morning Vierotchka, Glad to see that we agree.... =)
- 1 year ago
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KB723
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Dagum
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Vierotchka:
As of yesterday the U.S. fired at least 124 Tomahawk missiles at Libya, how is that not an act of war?
- 1 year ago
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Dagum
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Vierotchka
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Dagum:
They were fired at and dropped on air-defense installations, on airplanes which had violated the no-fly-zone, on air strips, on mlitary bases and arsenals, and on columns of tanks which were bombarding cities and civilians - all this is part of the UN mandate. As such, it is not a war on a country. Gadaffi chose to ignore the no-fly-zone and to continue slaughtering his people, refusing to obey the UN's injunctions against doing this. It is not a war on Libya, and the US is not at war with Libya.
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Vierotchka
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Dagum
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Vierotchka:
So how many missiles have to be fired at Libya for it to be an act of war in your eyes?
- 1 year ago
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Dagum
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hombre76
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Dagum:
we and she have explaind this ad-nausium to you and all the rest why should we continue to try and educate people who only wish to live in their little fantisy land where they think they are gonna impeach the president and that all Muslims are not to be trusted? .... you have no interest in the truth only platitudes to your insanity.
- 1 year ago
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hombre76
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Dagum
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hombre76:
Well if you have the truth to this question than please give it: how many missiles do you have to launch at a country for it to constitute an act the war?
- 1 year ago
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Dagum
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Vierotchka
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Dagum:
It is not a question of number of missiles fired at Libya, it is a matter of conditions and circumstances. You sound as if you would have largely preferred to see hundreds of thousands and even millions of Libyan civilians slaughtered by their tyrant rather than anyone, including the US, do something to prevent it. I wonder if it is because they are Muslims and not Christians...
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Vierotchka
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Dagum
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Vierotchka:
Well then extrapolate, what conditions and circumstances constitute an act of war?
- 1 year ago
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Dagum
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Vierotchka
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Dagum:
When one country attacks another country in which the people are not being slaughtered by their leaders and are not desperately begging for help, that is an act of war.
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Vierotchka
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Dagum
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Vierotchka:
So an act of war is defined solely by the looking at the subjective character of the country that is to being attacked? That's similar to defining an act of "rape" by looking at the person being raped and their sexual history instead of the objective actions of the perpetrator.
- 1 year ago
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Dagum
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Jake_Leonard
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Vierotchka:
Well said, Vierotchka.
It appears that you have conservatives either calling Obama a hypocrite, or flipping their notion of truly eliminating terror in the world, and then you have many left just blatantly confused on this issue--too worried that we are devolving into a "similar" situation, such as Iraq. Fortunately, there is little comparison.
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Jake_Leonard
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Vierotchka
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Dagum:
That is NOT in any shape or form what I wrote, your wet, soggy and limp straw man notwithstanding.
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Vierotchka
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Dagum
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Vierotchka:
Your definition of an "act of war" defined the action based on the party it was perpetrated against instead of the action itself.
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Dagum
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Jake_Leonard
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Dagum:
It's a simple notion to suggest that a leader is supposed to do what is best for its people--be it a dictator, or a collective group such as Congress. Further, it's a fundamental concept to say that if a majority of a leader's followers are wanting said leader out of a position of power, they should receive that right. The most obvious intervention is called for when said leader invokes acts of violence upon its own people in order to bury their protest via fear. Revolution--evolution--progress, is restricted in such cases, not to mention that there is a complete disregard for humanitarianism and leadership duty.
As I've said before: I wouldn't stand silent if I saw my neighbor beating his kids with a baseball bat--even though he IS the "leader," and he IS on his sovereign property. Intervention is called for, and that's exactly what the UN Sanctions are about. Justifying the action even more is the fact that a vast majority of these people are REQUESTING foreign aid.
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Jake_Leonard
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Dagum
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I don't know why he didn't get a declaration of war to avoid any fallout. It would have been easy. He probably could have gotten a declaration of war from Congress in 1 day. The Republicans love war and hate "those evil Moslems", and the democrats would support their president.
He would not only have been bullet proof, but the commentary would be singing his praises as he would be hailed as the President who returned to the Constitution and broke away from the precedent of the Bush administration to follow the rule law. There is nothing anyone could have said against him.
But I guess his advisers didn't want to waste 1 day of bureaucratic inconvenience it would take to get a Declaration of war and make his military actions against Libya Constitutional.
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Dagum
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hombre76
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Dagum:
waste ONE day? the whole world wasted a week while Gaddafi relentlessly pounded h the Libian people with tanks and warplanes to the point that Bengazzi almost fell....how much longer do you think the rebles could have held out against Gaddafi's air superiority? I dont think even one more day myself...gusse we should have sent you over while we wastedtome getting a bill passed through houses that have not even passed a new budget yet, Im sure you could have held off Gaddafi's forces till we cleard this in a manner you would have prefered. pompus ass hole.
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hombre76
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Dagum
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hombre76:
I am sorry bud but you are much more of pompus ass hole for your suggestion that one day it would have taken to make this military action constitutional is too difficult for and beneath you and anyone else.
Moreover, how long do you think this operation was in the pipeline? How many weeks do you to think were deliberated over this? You think the pentagon and intelligence agencies woke up and were taken by surprise to find Gaddafi's at war with the rebels?
There was weeks before military action took place and they were planning on maneuvering through the U.N. They could have stopped by congress for one day during this period before the action so it won't have added time.
- 1 year ago
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Dagum
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tverdell
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We have already set a terrible precedence with the Bush administration. We allowed many impeachable offences and now it's hypocritical to go after Obama for impeachable offences.
I do not know how we can impeach Obama while giving Bush a free reign.
I am not saying this in defense of Obama, I think it's a serious question.
- 1 year ago
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tverdell
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KB723
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tverdell:
Good Morning tverdell Scroll down and see what I had to say.
- 1 year ago
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KB723
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Ricky84
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tverdell:
If Obama was impeached I'd call it divine justice for failing to prosecute tortures from the previous administration.
- 1 year ago
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Ricky84
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Dagum
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Just because he is impeachable doesn't mean he'll be impeached. Congress has act on it, which they are spineless cowards and largely ceremonial so they won't; even though the House is comprised of the party of "opposition."
Remember Nancy Pelozi buried Dennis Kucinich's movement to impeach Bush during the 110th Congress.
- 1 year ago
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Dagum
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KB723
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Dagum:
Great Reply, however the congress is No longer controlled by Democrats.
- 1 year ago
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KB723
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Dagum
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KB723:
True. But he could have easily gotten a declaration of war. The republicans LOVE war.
- 1 year ago
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Dagum
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KB723
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Dagum:
I can agree with that. But republicans also want BO out of office at any cost.
- 1 year ago
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KB723
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Dagum
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KB723:
Yeah but now he gave them an excuse and means to do it. Where he could have been bullet proof. And also scored big political points by being the President to return to the Constitution.
- 1 year ago
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Dagum
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KB723
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Dagum:
You are correct. I just think instead of going along with BO, they would have cried foul. And with that there would have never been any help for the Libyan people.
- 1 year ago
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KB723
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Dagum
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KB723:
The Republicans were all fired up for war. John McCain and many other powerful Republicans were on record saying not only to help in Libya but to take out Gaddafi and institute a regime change.
The Republicans were so publicly committed to it to the point where they could not cry foul if Obama had pushed for a declaration of war.
- 1 year ago
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Dagum
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KB723
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This would make sense if per chance "WAR" was declared... I see this as the same with The Falkland Islands, back under Ronald Reagan. The other part to remember is that there was a built coalition, and the US was NOT the first to attack Gadafi, the French were....
- 1 year ago
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KB723
