Candidate Obama: “the president does not have power under the constitution to unilaterally authorize a military attack”
Before I get into the substance of this post let me first state that I support the removal of Gadhafi as dictator as Libya. I think that it is long overdue and should have been done years ago; this man has sponsored terrorism against United States citizens and is duplicitous in the murders of American citizens. My problem with this action in Libya stems from the fact that Barack Obama sought the permission of the United Nations instead of the United States Congress, and my posts on this issue have dealt with that position as well as the apparent hypocrisy of some on the left who support this “Bush Doctrine” type action when they opposed the invasion of Iraq for the reason I stated above, not with the issue of whether we should be doing what we are doing in Libya.
Back in 2007–while still a candidate for the presidency–Barack Obama was asked a question when it was feared that the United States was going to attack Iran. That question was this: Under what circumstances the president would have the constitutional authority to bomb Iran without first seeking authorization from Congress?
His answer was quite telling:
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
As Commander-in-Chief, the President does have a duty to protect and defend the United States,” Obama continued. “In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch
Basically, he stated that if there were an imminent threat to the security of the United States that the constitution granted the president the authority to act first and seek approval later, and in this he is 100% correct. He also stated that the president cannot order a military attack without the approval of the Congress if a threat to the United States was not imminent. Again he was 100% correct with this statement.
While Gadhafi is a despicable human being who has killed Americans in the past, he posed no imminent theat to America. It is true that he has been slaughtering his own people while engaged in a civil war in his country, but he posed no immediate threat to the United States of America and yet Barack Obama did exactly what he claimed in 2007 the president did not have the authority to do–he acted unilaterally without the consent of the Congress on an issue in which an imminent threat against the United States did not exist.
Barack Obama sought the permission of the United Nations before he engaged in the support of the implementation of a no-fly zone over Libya, and once that permission was granted the United States began a military engagement with that country, yet there was no national defense issue and Barack Obama still did not feel as if he had to seek the approval of the Congress even though he had ample time to do so as he waited for approval from the United Nations–a clear reversal of the position he held while running for president.
I find it quite telling the Barack Obama thought that it was more important to seek the permission of the United Nations before he acted on Libya than he did in seeking the permission of the United States Congress. And I find it equally as telling that he felt so obligated to do what the United Nations told him to do. He is claiming that this is a humanitarian issue and that the United States was morally right to attack Libya in order to halt the slaughter of innocent lives, and while that might be an honorable position to hold that does not mean that the president has the right to ignore the Congress when we have no vested interest in the conflict.
Barack Obama–and the United States–has become subservient to the United Nations and we are losing our sovereignty as we speak, and that is exactly the way that Barack Obama wants it.
The media is ignoring this aspect to the story and we all know that if the president was not a Democrat that the media would be asking the same questions that many bloggers are, yet Barack Obama gets a free pass on this issue in the media. But he is not getting the same free pass in the Congress–many liberal Democrats in the Congress are beginning to ask questions about this as well, and one has to wonder if the media can continue to ignore this as the fissure continues to grow between the liberal wing of the Democrat party and the president himself. (And as the fissure between Barack Obama the candidate and Barack Obama the president continues to grow also.)

From 2007 to present Obama has been an example of naivety playing out in real time. We can debate whether he has been right or wrong in his decisions, but it’s asfe to say the 2011 edition has learned quite a bit of humility on the job.
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He is learning that it is much harder when you actually have to make a decision than it is waiting for someone else to make a decision and then simply oppose that position–as he was able to do during the Bush presidency.
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From what I heard, he went against the advice of his military advisors and instead listened to Hillary and Samantha Powers an Susan Rice. The man is hopeless!
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Now that is a scary thought if it is true!
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Just another nail in the 2012 casket, now, if only the GOP would pull it’s head out of it ass and present a REAL candidate that is popular, smart, electable and knows how to run this nation…
That’s asking too much huh?? 😕
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Obama is ripe for the picking but I am afraid that there is no viable Republican candidate out there.
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What’s really frustrating about this is that I don’t any reasonable person would have opposed this course of action. Especially if the Congressional leadership had taken some folks aside and said, “There are times to support the President despite numerous differences, and this is one of them.” We might have actually had an opportunity to take pride in our government acting as a functional entity as opposed to the constant dysfunction that wastes so much time & tax dollars. In an attempt to play the hero to the world – Obama – acted more like an autocrat than a leader.
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I agree! I actually support the removal of Gadhafi, but I do not support the process that Obama took to get permission to attack. He was trying to please the world and he ignored the Congress of the country he is supposed to be leading.
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Did President Obama “seek” approval from the Security Council? Or is it the case that Security Council action having been taken, many assume the President sought it?
At any rate, candidate Obama was wrong.
The US Code (at Title 22, Chapter 7, Subchapter XVI, Section 287) specifically authorizes the President to act without seeking Congressional authority when responding to a call for action from the Security Council, pursuant to Article VII, Section 42 of the UN Charter, which is a treaty that’s been ratified by the US Senate.
The President may also act unilaterally to honor our obligations under other treaties. If North Korea were to attack South Korea, does anyone here think that President Obama should first seek Congressional approval before taking action?
I find it instructive that President Obama acted prudently and seems willing to limit US involvement to the one-two (three-four-five) punches necessary at the outset of the conflict, retiring afterward to let regional powers control the action. This will make it much more difficult for our enemies to claim that we tried to take over. (They’ll claim so anyway, but those they’re trying to recruit will have the evidence of their eyes.)
No sovereignty was surrendered – the UN Charter doesn’t require its members to respond militarily to a call for action, so we didn’t act at their behest.
Have a pleasant evening and let’s hope the rest of the week is pretty marvelous.
And may God bless us all!
TGY
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I don’t know… Article 42 authorizes the Security Council to “take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.” I’m not sure involvement in Libya’s internal strife qualifies for “international,” as in the case of North Korea attacking South Korea. Necessary – absolutely. I just don’t think it falls within the intent of Article 42.
Now, the President is allowed “subject to the approval of the Congress by appropriate Act or joint resolution,” to assign assets, support & allow right(s) of passage to the Security Council in support of Article 43; from which the employment of said forces can be made without the authorization of the Congress in order to take action under article 42
Seems like we skipped a step.
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Keep reading . . .
“The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d–1 of this title, nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.”
That’s the section immediately following the one you quoted . . . Seems as if the President too the time to read the entire thing.
May God bless us all!
TGY
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The UN Charter articles read as if they are out of order. You have to read the Charter & the US Code in both directions then after you get your eyes uncrossed:
The first part of the US Code allows (subject to approval) assignment of forces & assets to the Security Council – peacekeeping forces in support of UN Article 43. UN Article 41 allows for non-military measures, and Article 42 allows for military measures if Article 41 measures are deemed ineffective. It’s the employment of forces in support of Article 42 that doesn’t require follow on authorization from Congress. In fact it’s clear that, “nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance ** in addition ** to the forces, facilities, and assistance provided for in such special agreement or agreements.” In other words if Congress authorizes the assignment of an LHA, it is not permissible to simply throw more assets into the mix (say carrier strike group) without further authorization.
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Nope. The Security Council issued a call under Article 42; and the President doesn’t need Congress’ authorization to respond.
Black letter law.
And may God bless us all.
TGY
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I think the campaign of Barack Obama has came smack up against the reality of being President and he doesn’t know what to do. That’s why he has seemed to be so indecisive on Libya and on Egypt.
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I agree; as a candidate it was easy for him to sit back and wait for President Bush to make a decision and then go on the road and bash that decision, but as president he is finding out that it is much different when you are the person who has to make those decisions.
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Stop the reckless spending that has become President Obamas legacy. Force the fiscal discipline that Democrats just can’t seem to grasp. Slash the military budget now or you are responsibl¬e for destroying our children’s inheritanc¬e. Finally, it seems that we are all in agreement. War is just to expensive. Now, the Republican Party controls the senate and can slash our military budget.
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No doubt kadaffi is a criminal and no doubt he needs to go. But i cant help but wonder if this administration is being duped by something much more dangerous and unstable. I think if the alternative is a spin off of the radical regime in iran were women are stoned to death and gays are hung in the public square then not only are we worse off but our only true democratic free ally in isreal is in danger of all out war in the very near future.
How many women have been seen in these so called peacfull protests? And how can a protest be peacfull and violently take arms against its government at the same time?
As far as Obama the constitution and the rule of law …its an oxymoron
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The interesting thing here is that nobody seems to know who these rebels are whose side we are now taking.
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This is what he’s about Steve. He’s about being a global citizen and not an American citizen. This is who he is. I’m with you that Gadhafi is a cockroach that needs to be squashed, however there is a way to do it without violating our constitution. But Obama violating our constitution is par for the course.
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I don’t think it’s that you guys don’t get it, you just don’t want to get it.
When Reagan launched missiles at Libya, he didn’t have Congressional authority, but nobody blinked an eye.
The current President acted in accordance with a ratified treaty and the US Code. It’s black letter law and you guys just keep on ignoring it.
Whatever, I guess.
And may God bless us all.
TGY
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A. It is clear. When read in context. The United Nations Participation Act did not grant the President authority to commit forces without congressional approval.
B. Reagan acted in a responsive/defensive manner. Maybe that can be argued as well, but “because he did it!” is a terrible justification. Where’s the “change we can believe in?”
C. We’ve lost our first aircraft (looks like a system failure not enemy fire). All accounts indicate the crew will be safely recovered. Thank God & Nice work by the CSAR folks.
I think we can all agree on at least one of my points! Interesting debating the law TGY – not trying to upset you.
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obama said that he wouldn’t move without UN approval. He DID seek approval for military action from them.
Article 43:
The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
We can round and round. Obama bypassed the constitutional process.
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The War Powers Resolution says he must notify Congress of military actions within 48 hours of starting them and must get their approval within 60 days or withdraw within 90 days. Will be interesting how he handles that and how Republicans vote.
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The President formally alerted Congress to the attack on Libya yesterday (3/21).
I still don’t see what all the fuss is about.
George W Bush invaded Iraq without prior approval from Congress. Many of those who supported his action wailed about what a bad man Saddam Hussein was. Now that we’ve caught another bad man slaughtering his citizens, those same people are in high dudgeon not only that we took action, but that we did so in coordination with other regional powers – sort of like President Bush did in 1991 when we went to the aid of Kuwait.
As to the United Nations, this isn’t the first time we’ve responded to a call to action from the Security Council – to my knowledge, the first time we did so was in 1950, when the Security Council voted to respond to unprovoked aggression on the part of North Korea. President Truman committed troops without seeking Congressional authorization. Or would those who today are screaming about President Obama’s course of action prefer that Truman had gone to Congress while Kim-il Sung overran the peninsula?
Take good care and may God bless us all!
TGY
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In a way you helped me to make a point that I was trying to make in my first post on this issue. In that post I asked if the left could support this action in Libya based on the appearance that Obama seemed to be using the Bush Doctrine notion of pre-emptive strikes. Here we have Obama basically using the same argument that Bush did to justify the invasion of Iraq and yet many on the left who claim that Iraq was an illegal war are supporting this action.
Just for the record: I support this action against Libya but I am conserned about the process which led to it.
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We can only hope this was his “bridge too far” moment. I think it may be.
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He seems to have alientated many of his supporters in the Congress with this action, however in the end I expect them to fall back in line.
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This is not a left/right Democrat/Republican issue…this is a divide and conquer We The People issue. Those in power want Americans divided into separate and distinctive camps (political parties, races, genders, beliefs, biases, etc…) because it is so much easier for them to control us and to implement their strategies of a one world government that way.
Bush and Obama, Republicans and Democrats…it’s all one plan to destroy our unity as Americans and to usurp our nation’s sovereignty, all in an effort to replace it with that of the new world order.
It’s about time that Americans woke up to what is truly going on. It’s time for all Americans to prepare…
http://thedestructionist.blogspot.com/
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Those of you who want Congress to declare war; you shouldn’t be asking yourselves whether the president’s authority should be circumscribed by Congress’ power to declare war… The question you should be asking yourselves is whether you want the president to have a free hand to commit troops and make us responsible for Libya for generations to come–by Congress declaring war. Congress voting to give the president a ton of more power? Doesn’t circumscribe the power of the president.
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To say you Republicans are brain dead is really putting it mildly.
To be exact where in Gods name did you get the notion that Liberals are approving of Obama regarding the Libya War. The real Liberals, such as myself, have condemned this War by Obama and have asked for his impeachment for this action, as we asked for impeachment and trial of Bush and Neo-Cons for the unnecessary Iraq War.
There is a great related article here:
http://www.realnewspost.com/sa.php?a=43732
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I did not state that liberals approved of this action in Libya, in fact if you bothered to read the post you would see that I linked to a story about the Democrats in the Congress who oppose this as well as the call for impeachment. The post was not about liberals supporting the president but about the media providing him cover.
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