George Will asks: Is Obama above the law?
Enacted in 1973 over President Nixon’s veto, the [War Powers Resolution] may or may not be wise. It is, however, unquestionably a law, and Barack Obama certainly is violating it. It stipulates that a president must terminate military action 60 days after initiating it (or 90, if the president “certifies” in writing an “unavoidable military necessity” respecting the safety of U.S. forces), unless Congress approves it. Congress has been supine and silent about this war, which began more than 70 days ago.
In asking this question and harrumphing about the 60 day limit Will is joining both sides of congress and the executive in their obfuscation of the real breach of law.
As any reader of the War Powers Act can clearly conclude, the attack on Libya was from the very first minute a clear breach of that law. As the War Powers Act, Title 50, Chapter 33, §1541, stipulates:
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to(1) a declaration of war,(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
In the case of the War On Libya there was:
- no declaration of war (which would have to come from congress)
- no specific statutory authorization (again something congress would have to vote on)
- no national emergency through an attack on the U.S. or its forces
There are no exceptions in the War Powers Act to the above three points. Under the War Powers Act the use of U.S. forces against Libya was thereby under U.S. domestic law illegal from the get go.
But Congress does not like to be held responsible for wars. If it would take a clear stance, for or against a war, voters might have an opinion about that and vote accordingly. It therefore, like George Will, just does some partisan bickering about the 60 day limit, which is irrelevant to the legality of the war, and blames the president about it.
If Congress would do its duty, it would have voted on the war before it started or would have held the president responsible when he launched it in clear breach of the law.
This part of the game the village crowd in DC is playing. Ignore the law, avoid any responsibility and play up a conflict where it none really exist to provide a show for the masses. George Will is like many in the commentariat just a small part of the show. Nothing anyone should take serious.