Libya And The Constitution

Via Marginal Revolution, some interesting comments from then Senator Obama on the limits of a President’s prerogatives in waging war:

In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)

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 for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.” The recent NIE tells us that Iran in 2003 halted its effort to design a nuclear weapon. While this does not mean that Iran is no longer a threat to the United States or its allies, it does give us time to conduct aggressive and principled personal diplomacy aimed at preventing Iran from developing nuclear weapons.

While I’m not necessarily opposed to the actions taken with respect to Libya, I do find the manner in which the President has committed the country to action a bit troubling. Had he sought the consent of Congress I believe that the majority of the  members of the Republican Party would have supported the action and I suspect that he would have enjoyed substantial support from the Democrats. Why he chose not to seek their counsel is somewhat of a mystery.

The Constitution and rule of law do matter and this President has consistently shown a troubling disregard for both.

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