Combs Spouts Off

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Archive for March 20th, 2011

Constitution? What constitution?

Posted by Richard on March 20, 2011

In October 2002, President Bush asked for and received a joint resolution of Congress, the Authorization for the Use of Military Force Against Iraq (Public Law No. 107-243), authorizing military action against Iraq. Libertarians like Rep. Ron Paul argued that it wasn't technically a declaration of war, which is what the Constitution calls for Congress to do (even though similarly-worded resolutions were considered sufficient to pass Constitutional muster going all the way back to the early days of the Republic). But he asked Congress before attacking, and Congress approved overwhelmingly (297-133 in the House, 77-33 in the Senate).

Today, our current Commander in Chief launched a massive attack on Libya. Without a joint resolution of Congress. Apparently, without even considering whether he needed permission from Congress. Apparently, President Obama believes that the permission of the United Nations is all he needs.

Leftist critics insist that the Iraq War violated international law. Set aside the validity of that claim for a moment. The President of the United States doesn't take an oath to uphold international law, he takes an oath to uphold the Constitution of the United States. Obama went to war without so much as a gesture toward abiding by the Constitutional provision reserving the war-making power to Congress. 

Paging Cyndi Sheehan! Paging Code Pink! Paging International A.N.S.W.E.R! When can we expect to see massive anti-war demonstrations in the nation's capital and cities throughout the land? When can we expect a new tent city to be erected? When will we see the "Behead Obama" signs, the cries of "war criminal," and the calls for impeachment?

I'm not holding my breath. 

UPDATE: Bless her heart, my representative has voiced concern

DENVER – U.S. Rep. Diana DeGette (CO-1) tonight issued the following statement regarding President Barack Obama's decision to begin military action in Libya without securing Congressional authority.

"I am concerned by President Obama's decision to commit U.S. forces in Libya without involving Congress. This action may require substantial U.S. resources. While there is no question that Gaddafi's regime is brutalizing the people of Libya, launching military action against another nation requires Congress be fully informed so we can exercise our Constitutional authority.

"I therefore call on Speaker Boehner to call an emergency session, returning Members to Washington, so the President may address a joint session of Congress and be given the opportunity to make the case for war."

DeGette seems to believe the Constitution merely calls for Congress to be "involved" or "informed" (I doubt that she believed that from 2002-2008). But at least she's saying, "Hey, what about Congress?"

UPDATE 2: Instapundit called it the blog comment of the day. I'd rank it much higher. It may be the single most perfect comment I've seen posted anywhere in a very long time. Go right now and read "What I like about Obama"!

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