Obama Will Hit a Congressional 'No-Fly Zone' on Libya

April 1, 2011 RSS Feed Print
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Hell hath no fury like a Congress scorned by a president. After the White House authorized air strikes and military support in Libya, a majority of members from the House and Senate demanded reasonable explanations for not being brought into the decision making process. To some, President Obama had a valid excuse for not doing so: It would have slowed down the response and might have cost thousands of innocent lives.

[See photos of the Libya uprising.]

The poorly trained rebels are now being given a chance to fight back against forces loyal to Libyan Leader Muammar Qadhafi as NATO takes command of a quickly assembled international coalition to help them. While Obama swung pendulum in the direction of quick action, it is beginning to swing back just as hard, pushed by Democrats and Republicans who want answers to their questions. [Check out editorial cartoons about the Middle East uprisings.]

This is the perfect time for the president to treat Congress as an equal partner and send a war resolution up to Capitol Hill which would define the size and scope of our military involvement in Libya. If it passes, then Obama has authorization to continue the military support under NATO supervision. Members of Congress would have a chance to cast their votes for and against the proposal based upon its merits. The military mission can be appropriately authorized and move ahead.

However, it looks like Obama has no intention of doing so. This is a strategic and tactical mistake. He will need funding by Congress in order to continue the activities by our military. Defense officials say it will cost around $50 million per day. That is a lot of money, but it sounds like a low figure and many on Capitol Hill believe it will cost much more. At a time of budget showdowns between Democrats and Republicans, it would be prudent for the administration to get a permission slip that would allow for spending the money necessary on Libya.

The White House will soon experience a “no-fly zone” of its own on Capitol Hill in reaction to President Obama and his administration’s attitude over the use of force in Libya. In televised press conferences, congressional hearings, and meetings, Obama’s team explained that it doesn’t have to get permission from Capitol Hill. In fact, Congress and the public learned at the same time that the CIA was on the ground for two weeks vetting the rebel forces on whether they should be given guns and ammunition. Who thought that was a good idea?

Did someone forget that Congress owns the purse strings? It is an equal branch of government and doesn’t like being told that it isn’t very important. This may be a “teachable moment” for Obama if he continues down this road. When a supplemental appropriations request to pay for military action in Libya arrives at the steps of the House and Senate, watch how many lawmakers show the president just how important they are.

Tags:
Muammar Qadhafi,
Congress,
NATO,
politics,
Libya,
Republican Party,
deficit and national debt,
national security terrorism and the military,
federal budget,
Democratic Party

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I won’t take time to go into each of your examples. Humanitarian concerns is not part of War Powers Act:

SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement 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) 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 thereof.

(c) 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.

http://avalon.law.yale.edu/20th_century/warpower.asp

“OPERATION NAME: Operation Desert Fox”

“MISSION: To strike military and security targets in Iraq that contribute to Iraq's ability to produce, store, maintain and deliver weapons of mass destruction.”

“MISSION GOALS: To degrade Saddam Hussein's ability to make and to use weapons of mass destruction. To diminish Saddam Hussein's ability to wage war against his neighbors. To demonstrate to Saddam Hussein the consequences of violating international obligations.”

http://www.defense.gov/specials/desert_fox/

Bill Hedges of MO 11:01PM April 01, 2011

BP and Bush Republicans worked hard to get 'Favored Nation Status' bestowed on Libya. BP even got the Lockerbie Bomber released for Khadafi. What a deal!

But most of us know it was all coddling terrorists.

Now House Republicans are coming to Khadafi rescue again.

Its called phony patriotism and its really transparent.

Claire of WI 5:08PM April 01, 2011

Are you out of your cotton-picking gourd?

You think it is at all conceivable that the Founding Fathers gave the executive branch unlimited discretion in exercising its military powers? "Commander-in-chief" means that he is the commander of the armed forces, not that he has the right to go start wars whenever he damn well pleases. Can the "supreme commander" of European forces go bomb Russia because of his title? What, do we live in the middle ages now?

I am a little unclear on the logic here. This war is at once too significant and not significant enough to seek congressional authorization. Libya is not a vital interest, but the Middle East is and what happens in Libya is critical to developments there. We will do whatever it takes to protect Libyan civilians, except send ground forces in. Military action is not aimed at toppling Qaddafi, but taking down Qaddafi is essential to the protection of civilian lives and Middle Eastern democracy. This is not a war; it is kinetic military action. This is not American kinetic military action. It is NATOnic kinetic military action.

I know it is bad form to turn somebody's words on them, but the 2007 quote from Obama on a president's failure to gain congressional authorization should settle the debate, unless our dear president and former constitutional law professor-in-chief can tell us why he has had a change of heart about the Constitution. And, although this might be the first and last time you catch me favorably referring to Joe Biden's words, he made it pretty damn clear in 2007, also, that this was an impeachable offense.

I am on the verge of digging up James Madison's bones and beating the hell out of every Hawaiian constitutional scholar I can find.

Just kidding, Space Cadet Kirk. April Fools! I agree with you. If the president wants to bomb those whiners on Capitol Hill, let him. Those guys get into office and think that if the president doesn't tell them he's going to bomb a country or why or how its going to be paid for that its their business! Where do they get off, right? Hell, he doesn't even have to tell the American people. Talk about whiners! Its between him and God. And one wonders why he even waited for the UN. Who the hell are those fluffs? Half of them come from third-rate dictatorships too. Actually, why does God have anything to say about this? If he didn't want people bombing Libya, he would have tacked it onto a holy book somewhere.

Spock 12:06PM April 01, 2011

Ron Bonjean

Ron Bonjean

Ron Bonjean is a partner with Singer Bonjean Strategies and the owner of the The Bonjean Company, both full service public affairs firms. He was chief of staff for the Senate Republican Conference under Sen. Jon Kyl of Arizona and the top spokesman for House Speaker Dennis Hastert of Illinois, Senate Majority Leader Trent Lott of Mississippi, U.S. Commerce Secretary Don Evans, and other House members. Contact him at ron@singerbonjean.com and follow him on Twitter @RonBonjean.

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