On February 15th, protestors marched and demonstrated against Libyan President Muammar Gaddafi’s 41-year rule calling for new leadership and fair democratic elections.
What began as a series of peaceful protests has sparked a civil war with Gaddafi struggling to retain power.
In Gaddafi’s efforts to stomp out protestors, using deadly force and air raids, the Libyan Human Rights League said his military has killed approximately 6,000 civilians.
In late February, the United Nations Security Council warned Gaddafi that his government may have committed crimes against humanity.
The council froze the assets of Gaddafi and ten other of his top officials.
March 19th, NATO began to enforce a no-fly zone over Libya.
Gaddafi soon announced a cease fire which he failed to uphold causing NATO to destroy his air defense and assault capabilities.
President Obama said "All attacks against civilians must stop. Gaddafi must stop his troops from advancing… and establish water, electricity and gas supplies to all areas.
"Humanitarian assistance must be allowed to reach the people of Libya.
He goes on to say, “Let me be clear, these terms are not negotiable. If Gaddafi does not comply, the international community will impose consequences, and the resolution will be enforced through military action.
"Our goal is focused, our cause is just and our coalition is strong."
NATO approved sanctions to use deadly force against Gaddafi’s military to thwart civilian deaths.
What President Obama failed to do was do was get Congressional approval to use deadly force against a sovereign nation.
“The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances.”
This passage is quoted from the War Powers Resolution of 1973 which was passed after the undeclared wars in Korea and Vietnam.
This law is intended to clarify and demonstrate that the responsibility to declare war rests solely on the shoulders of Congress as designated by the Constitution
According to the Constitution, the law recognizes three circumstances under which the president has authority to utilize our armed forces in hostilities.
The first of which is a declaration of war, second is specific statutory authorization by Congress and third is “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The president’s fleeting reference to “consulting the bipartisan leadership of Congress” seems distressingly insufficient given the circumstances and the lives at stake.
A simple vote by the U.N. Security Council is in no way a constitutionally recognized substitute for authorization by a vote of the U.S. Congress.
What President Obama did do correctly was state that the U.S. is “the world’s most powerful nation” and has certain unique responsibilities in the international community.
This is exactly why the U.S. should protect its power; by exercising its authority and responsibility within the limits of the law as prescribed by the Constitution.
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