And what is the law that specifically authorizes Obama's use of the military in Libya?
Are they? Then why did the WPA have to delineate between treaties and laws in it's text? Here:
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001547----000-.html .
But the NATO treaty doesn't apply here. It only obligates the US to act if a NATO member is attacked or threatened with attack. Libya did neither.
And the UN resolution doesn't obligate us to do anything either (if it did, then all UN members would now be waging war against Libya and committing their forces). The UN resolution on Libya only *authorizes* member states to participate … if they want
and provided their own Constitutions and laws allow them to do that. Neither the UN resolution or the UN Charter "requires" the US to commit forces. That is completely voluntary.
The WPA specifically states that "
The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances." It was possible for Obama to have consulted Congress in this instance. He clearly had the time to do it. But he didn't consult Congress.
Furthermore, as I've already pointed out, the WPA states that "
Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances
shall not be inferred … snip …
from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations". And clearly that is not the case here either. You can not infer that our ratifying the UN Charter is authorization for or requires the use of US forces without consulting Congress. This section of the WPA states that authority to introduce US forces can only be infered if the "treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations." Can you show such legislation in the case of the UN charter and Libya? I bet you can't.
Yes it does. Here, from the third paragraph of the WPA:
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001541----000-.html
Case #1 clearly doesn't apply in this case (Obama even claims what's happening in Libya isn't a war). Case #2 clearly doesn't apply in this case (there is NO
specific statutory authorization). So that leaves only case #3 as a possible justification under the WPA, and that requires "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." Which again, does not apply in this case. So you are simply wrong.
No, I'm not confused. You are. Or you are deliberately spinning. I think the latter.
No, that's exactly accurate. The very first paragraph of the WPA states it's intent: "
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment 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." That is an intent to LIMIT the power of the President. You are spinning. You need only look at what motivated passage of the WPA to understand this. The WPA was introduced because members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. It was intended to limit.
I just did. So there.