Friday, June 17, 2011

America is not at war in Libya?

Wreckage of U.S. Air Force F-15E lost March 21, 2011 in Libya. Source: REUTERS / Suhaib Salem



It is outrageous that the Obama Administration, as the Bush Administration before it (and all Administrations have since World War II), is using nuanced legal interpretations to consolidate power in the Executive and erode the balance of powers prescribed in the U.S. Constitution.

Under guidance from Executive Branch legal counsel, President Obama has declared that, in ordering military operations in Libya, he has not violated The War Powers Act of 1973 (let alone the United States Constitution!)

The War Powers Act Serves to permit the President, as Commander in Chief, to act expeditiously to defend against a threat to our nation or our armed forces. It requires that the President seek the approval of Congress within a specified period following the commencement of hostilities.

The Act was the People's response to the illegal actions of the Nixon Administration  which, without the support of Congress or the American People, escalated combat operations in Vietnam, secretly expanding them into Laos and Cambodia, in clear violation of national and international law.

But debate about the intent of the War Powers Act is merely a sideshow here. The President is clearly in violation of the United States Constitution, an impeachable offense. As Commander in Chief, he unilaterally (without Congressional authorization) decided to attack a nation that was not threatening the United States.

According to the Constitution, only Congress can "declare war". (The War Powers Act, attempted to address the ambiguities between "declared" and increasingly common "undeclared" wars. Under the Act, the Executive Branch would be allowed to initiate military action when our nation or our armed forces were subject to imminent threat, but it required The President obtain Congressional approval within 60 days following the onset of hostilities, or terminate operations. Upon request, an extension to 90 days might be granted.)

Since 1973, galled by this blatant attempt to restrain the President, the ever-more-monarchical Executive has defied Congressional attempts to challenge or reign in its power.

Among the current justifications the White House is testing: the duration of American air "combat operations" were of insufficient duration to require the mandated Congressional approval. (A nuclear attack and retaliation could be finished within an hour. Is that also subject to the "duration test"?)

Now, it is claimed that NATO is leading the assault on Libya and that the U.S. is merely providing intelligence (from CIA "boots on the ground", it's suspected), logistical support and, no doubt, materiel. (Iran-Contra or Bay of Pigs revisited?) Again, a distraction from the crime of waging war without authorization. (It should be noted that the U.S. provides 75% of NATO's funding.)

In the present examples of Libya, Iraq, Afghanistan, Yemen and Pakistan (incredible!) we see the "Unitary Executive", (the idealized vision of an omnipotent Executive Branch promoted by Neoconservatives) consolidating its grip on the Nation's "command and control apparatus." Unchecked, this concentration of power threatens the freedom not only of all Americans, but of all nations.

This is not Obama's doing. It is the office and the "Fortress America" culture he has stepped into. The collapse of democracy in this country began decades ago. But, contrary to his campaign (and current) rhetoric, he submits to the precedent of making decisions that lead to further consolidation of power and, inevitably, the violent scenes we are witnessing in the Middle East and Northern Africa.

As I watch citizens rise up against dictators in the "Arab Spring", I have to ask: would Americans ever have the courage to stand up to their government? I am afraid we are a nation of cowards, preferring comfort, convenience and entertainment to confronting the powers that are increasingly stealing our freedoms, our fortunes and our future.

I suggest the citizens of Libya start collecting the scrap metals, plastics and electronics from ordinance falling upon their land. These remnants will provide positive identification of those nations who are "at war".

For once I agree with John Boehner: Obama's statement "doesn't pass the straight-face test." More importantly, President Obama's unconstitutional war and, further, declaration of immunity from accountability under the War Powers Act is an impeachable offense.

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