Was Obama’s Kinetic Military Action in Libya Constitutional Or Not?

March 29, 2011

Was Obama’s “Kinetic Military Action” in Libya Constitutional Or Not?

Article 1, Section 8 of the United States Constitution grants Congress the power to declare war.

Former constitutional law professor Barack Obama made this statement to the Boston Globe back in 2007:

“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. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.

As we all know by now, his interpretation of the constitution has changed.

Liberal blogger Robert Schlesinger seems to conclude that although Obama’s military action in Libya was unconstitutional, he can be forgiven, since his heart was in the right place. He also points out that President Clinton’s bombing of Kosovo was unconstitutional.

He then takes the time to credit George W. Bush, of all people, for seeking congressional approval before taking military action in Iraq and Afghanistan.

Whose side is this guy on, anyway?

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