Wednesday, June 15, 2011

Imperious Obama spurs constitutional crisis by refusing to get war authorization from Congress; tries to get by with "alerts" and "testimony"

From:
Boehner gives Obama Friday deadline on Libya

(The Washington Times) -- by Stephen Dinan --

Stepping up a simmering constitutional conflict, House Speaker John A. Boehner warned President Obama on Tuesday that unless he gets authorization from Congress for his military deployment in Libya, he will be in violation of the War Powers Resolution.

In a letter sent Tuesday afternoon, Mr. Boehner, the top Republican in the constitutional chain of succession, said Mr. Obama must provide a clear justification by Friday for committing troops to Libya.

Sunday marks the 90th day since the president notified Congress that U.S. troops had been committed to help enforce a no-fly zone over Libya, which is designed to protect the rebels fighting Col. Moammar Gadhafi’s government.

“The Constitution requires the president to ‘take care that the laws be faithfully executed,’ and one of those laws is the War Powers Resolution, which requires an approving action by Congress or withdrawal within 90 days from the notification of a military operation,” Mr. Boehner said in the letter.

The White House has repeatedly said it has complied with the law by alerting Congress to the initial deployment, and by testifying at more than 10 hearings and providing 30 follow-up briefings about the pace and extent of U.S. troops’ commitment.

But the administration has never sought approval from Congress.

“We are in the final stages of preparing extensive information for the House and Senate that will address a whole host of issues about our ongoing efforts in Libya,” White House National Security Council spokesman Tommy Vietor said Tuesday evening, adding that the administration also will present its legal analysis of the War Powers Resolution.

The Constitution gives Congress the power to declare war, but makes the president commander-in-chief. Those dual roles have caused tension throughout the nation’s history.

Two weeks ago, the House passed a nonbinding resolution that urged Mr. Obama to provide detailed information on the deployment. Mr. Boehner at the time signaled that Congress might cut off funding for the deployment in Libya if the administration didn’t comply.

That resolution gave Mr. Obama 14 days to comply, and the time runs out on Friday.

White House press secretary Jay Carney called the resolution “unhelpful,” but later said the administration will try to provide information the lawmakers are seeking.

The House turned back an even more strident resolution offered by Rep. Dennis J. Kucinich, Ohio Democrat, that would have demanded troop withdrawal. But between the two resolutions, roughly three-quarters of the House [-] including nearly half of all Democrats [-] went on record challenging Mr. Obama’s handling of the war...MORE...LINK

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