Obama on Presidential War-Making Powers
The U.N. Security Council Resolution authorizing military force in Libya does not, on its face, compel U.S.
Mar 18, 2011
The U.N. Security Council Resolution authorizing military force in Libya does not, on its face, compel U.S. involvement, but news reports (and common sense) suggest that American participation is likely. That has led to debates over whether the President is constitutionally empowered to order military action in Libya without Congressional approval, whether it be in the form of a declaration of war or at least some statutory authorization to use military force (my views on the substance of this new war are here).
I will simply never understand the view that the Constitution allows the President unilaterally to commit the nation to prolonged military conflict in another country -- especially in non-emergency matters having little to do with self-defense -- but just consider what candidate Barack Obama said about this matter when -- during the campaign -- he responded in writing to a series of questions regarding executive power from Charlie Savage, then of The Boston Globe:
Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)
OBAMA: 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. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.
Obama's answer seems dispositive to me on the Libya question: "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." And he went on to say that the President could constitutionally deploy the military only "in instances of self-defense." Nobody is arguing -- nor can one rationally argue -- that the situation in Libya constitutes either an act of "self-defense" or the "stopping of an actual or imminent threat to the nation." How, then, can Obama's campaign position possibly be reconciled with his ordering military action in Libya without Congressional approval (something, it should be said, he has not yet done)?
Read the full article at Salon.com
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Glenn Greenwald
Glenn Greenwald is a Pulitzer Prize-winning journalist, constitutional lawyer, commentator, author of three New York Times best-selling books on politics and law, and a former staff writer and editor at First Look media. His fifth and latest book is, "No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State," about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. Glenn's column was featured at Guardian US and Salon. His previous books include: "With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful," "Great American Hypocrites: Toppling the Big Myths of Republican Politics," and "A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency." He is the recipient of the first annual I.F. Stone Award for Independent Journalism, a George Polk Award, and was on The Guardian team that won the Pulitzer Prize for public interest journalism in 2014.
The U.N. Security Council Resolution authorizing military force in Libya does not, on its face, compel U.S. involvement, but news reports (and common sense) suggest that American participation is likely. That has led to debates over whether the President is constitutionally empowered to order military action in Libya without Congressional approval, whether it be in the form of a declaration of war or at least some statutory authorization to use military force (my views on the substance of this new war are here).
I will simply never understand the view that the Constitution allows the President unilaterally to commit the nation to prolonged military conflict in another country -- especially in non-emergency matters having little to do with self-defense -- but just consider what candidate Barack Obama said about this matter when -- during the campaign -- he responded in writing to a series of questions regarding executive power from Charlie Savage, then of The Boston Globe:
Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)
OBAMA: 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. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.
Obama's answer seems dispositive to me on the Libya question: "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." And he went on to say that the President could constitutionally deploy the military only "in instances of self-defense." Nobody is arguing -- nor can one rationally argue -- that the situation in Libya constitutes either an act of "self-defense" or the "stopping of an actual or imminent threat to the nation." How, then, can Obama's campaign position possibly be reconciled with his ordering military action in Libya without Congressional approval (something, it should be said, he has not yet done)?
Read the full article at Salon.com
Glenn Greenwald
Glenn Greenwald is a Pulitzer Prize-winning journalist, constitutional lawyer, commentator, author of three New York Times best-selling books on politics and law, and a former staff writer and editor at First Look media. His fifth and latest book is, "No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State," about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. Glenn's column was featured at Guardian US and Salon. His previous books include: "With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful," "Great American Hypocrites: Toppling the Big Myths of Republican Politics," and "A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency." He is the recipient of the first annual I.F. Stone Award for Independent Journalism, a George Polk Award, and was on The Guardian team that won the Pulitzer Prize for public interest journalism in 2014.
The U.N. Security Council Resolution authorizing military force in Libya does not, on its face, compel U.S. involvement, but news reports (and common sense) suggest that American participation is likely. That has led to debates over whether the President is constitutionally empowered to order military action in Libya without Congressional approval, whether it be in the form of a declaration of war or at least some statutory authorization to use military force (my views on the substance of this new war are here).
I will simply never understand the view that the Constitution allows the President unilaterally to commit the nation to prolonged military conflict in another country -- especially in non-emergency matters having little to do with self-defense -- but just consider what candidate Barack Obama said about this matter when -- during the campaign -- he responded in writing to a series of questions regarding executive power from Charlie Savage, then of The Boston Globe:
Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)
OBAMA: 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. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.
Obama's answer seems dispositive to me on the Libya question: "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." And he went on to say that the President could constitutionally deploy the military only "in instances of self-defense." Nobody is arguing -- nor can one rationally argue -- that the situation in Libya constitutes either an act of "self-defense" or the "stopping of an actual or imminent threat to the nation." How, then, can Obama's campaign position possibly be reconciled with his ordering military action in Libya without Congressional approval (something, it should be said, he has not yet done)?
Read the full article at Salon.com
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