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Obama goes to war without Congress


Posted: Mar 21, 2011

Article 1, Section 8 of the Constitution specifies that it is the Congress that has the power to declare war.  United States Code (50 U.S.C. 1541-1548), the War Powers Act, specifically states that the president may undertake the use of military force only in the case of "... a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."  It further states that the President must consult with Congress, "...in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities ..."  

Membership in the United Nations does not grant the Security Council the authority to order U.S. forces into action, and being the President does not permit Obama to violate the Constitution and the Law, to commit an act of war without the authorization of the People, through their Congress.

Some Congressmen are now questioning if this is an impeachable act, even some dems.  I'm torn on this issue - on one hand, Quadaffi is a terrible human and is killing his own people and they need help defeating him.  On the other hand, what Obama did was unconstitutional, no matter how you look at it.  None of us, through our representatives, had a say in this - will we have a say in what happens next? 

;

Since when do they represent us anyway? They - do what is beneficial s/m

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to them, basically cowing down to those that will finance their reelection. JMO

I guess he could always make up sm - ticchick

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false intel about weapons of mass destruction that don't exist, and then justify it later.

LOLOL, glad you said it, I was biting my tongue - nm

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x

Glad you said it too - sm - Anonymous

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My response was going to be this is not the first time this has happened. Think Iraq, but also think Vietnam. Kennedy sent troops without the approval of Congress then as well. An impeachable offense? I think not.
Kennedy did not start this. - Backwards Typist
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This all started in 1955 under Eisenhower sending military advisors to Viet Nam to keep the Communists from taking of the country.

After Kennedy became president, Lyndon Johnson visited Saigon in 1961 and assured Ngo Dinh Diem of more aid in molding a fighting force that could resist the communists. In May 1961, Kennedy sent 400 United States Army Special Forces personnel to South Vietnam to train South Vietnamese soldiers following a visit to the country by Vice-President Johnson.

âKennedy's policy toward South Vietnam rested on the assumption that Diem and his forces must ultimately defeat the guerrillas on their own. He was against the deployment of American combat troops and observed that âto introduce U.S. forces in large numbers there today, while it might have an initially favorable military impact, would almost certainly lead to adverse political and, in the long run, adverse military consequencesâ." U.S. Department of Defense, U.S.-Vietnam Relations, vol. 3, pp. 1â2.

Military advisors do not come under the rules of Congress since they are not combat troops.

What Obama did was call for a no-fly zone and for Ghadaffi to step down. Going through the U.N. supersedes our law since we all know that the U.N. is going to rule the world one dayâ¦.seriously. âOne World Orderâ is what itâs all about.
But the UN doesn't supersedes our law - not yet anyway. - Zville MT
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I understand the whole One World Order, but are we really going to sit back and take that?
I certainly don't want to sit back and take that. - Backwards Typist
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Lately the U.N. is made up mostly of countries that hate America and anything they can do to bring us down will help those countries. That's exactly how I feel but what to do about it...not much can be done. They rule now.

Did you know they haven't paid the U.S. the property rent for quite a few years...yet when Congress asked for the overpayment they made to the U.N., I think of $7.5 million, they were turned down?

I knew about the rent, but hadn't heard the other. - Zville MT
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Not surprising, though.

So, you're okay with it? - Zville MT

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Because other presidents did it makes it alright? I was totally against Bush going into Iraq, but at least he went through Congress first.

I'm not asking if Obama did the right thing, I'm just asking for opinions on the constitutionality of how he did what he did. I know Congress pretty much does what it wants to anyway, but let's at least recognize that there is a process that has to be followed.

I'm a conservative and I don't think we - sm

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should be in Libya. Let others handle something for once. Every time we jump in and try to help, we get blasted for it. Now let's see how the world does when the US keeps their nose out of it. Let France do something for once. We also need to get our brave men and women out of Iraq and Afghan. Bring 'em home and stop wasting money on a war that cannot be won. There will always be violence in the Middle East no matter what we do. We can't change that.
Great post. I couldn't agree more. - nm
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nm
I agree that we should not be in Libya without - congressional approval
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and that is the larger issue here. Yet again, Obama has ignored the Constitution he swore to uphold and defend. I am beyond angry that he keeps doing this, and beyond angry at the Republicans because they are being so quiet about it. I sincerely hope a viable third party candidate emerges in 2012 and I am not forced to vote for a Republican again just to send Obama back to Chicago (I do not wish the man any ill will, I just don't want him in the White House).

Iraq did have weapons of mass destruction... - remember the gassed Kurds?

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time to stop resurrecting that dead old lie. Multiple countries believed the Intel, otherwise we would have gone in alone. Repeating the same untruth over and over again does not make it true.

They most certainly did - - sm

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A very close friend of mine served the first 2 tours in Iraq. He told me they did indeed find caches of WMDs - saw them with his own eyes on recon while part of a special forces unit.
Then why did President Bush and his administration say they were wrong about that - A long list of people who have lied twice in that
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First they swore there were. Then they admitted that there were none. Now you are saying that there were. It's getting a little deep. I say we should not have gone into Iraq without having considered it more carefully. We have now lost lives and can no longer balance our budget and pay for things we need here in our country, things that we were well able to pay for before. Now we own the problem, as Colin Powell said, "You break it; you own it."
We could get into he said, she said...I don't - care what WHO said...
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mustard gas is a weapon of mass destruction, they found several cannisters of it and we know he used it on the Kurds...and they found mass graves over there. A lot MORE was happening there than in Libya, yet here we go again. Obama said he was going to bring home the troops in Iraq..has not happened, and he has escalated the fighting in Afghanistan, ostensibly to "get bin Laden," and he has had no more luck than Bush did in that arena. Yet, we are still in both places.

Point being...there was WMD in Iraq. But that is only one of the reasons we went in...you should get a copy of the Iraq resolution and read it. Human rights violations in there too.

That whole thing has been so distorted....Bush cooking the intelligence...ridiculous. We went in there with a several-country coalition, and it was intel from some of those countries that we relied on...funny how no one ever mentions that.

The point here is, Bush did not authorize going in, COngress did. They believed the intelligence they were given, just like France, Germany, Britain, Australia, etc. did.

Obama could end both wars at any time; he doesn't need congressional approval to end a war. Heck, he doesn't even need congressional approval now to send our troops anywhere (HE thinks), as we are bombing Libya right now with no congressional approval.

So...I believe that the mantle of you break it or refuse to fix if it is in your power to fix it..it now belongs to you, Mr. President Obama.
That's why he was wise enough not to make it our war, as we have in Iraq and Afghanistan - nm
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nm
Not so wise...he has kept us IN those wars - when he has the full
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constitutional authority to pull them out any time he likes. Has he? No. Has he been any better at catching bin Laden than Bush was (which by the way was why he actually escalated the war in Afghanistan,he says)? No. Has he pulled even one solider out of Iraq..yes, but where did he send them? Afghanistan.

And this "war" he has not made ours? He sent our military into combat without the consent of Congress which he does NOT have the constitutional authority to do.

Wise is NOT the word I would use to describe Obama and how he has handled the Constitution OR the wars.

Nice try tho.
Once in a "nation-building" situation like Iraq, it is almost impossible to get out - Never should have happened
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It's so easy to decide to make a country into what you want it to be, except for the fact that they don't really want to be what we want them to be. It isn't going to happen---ever. However, we broke it and we own it. There is no way out.
Wow, I saw a 60 Minutes episode a couple weeks ago ... - me
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...with some Iraq engineer laughing and chuckling about how great it was he lied to the CIA about WMDs and how Colin Powell lied to the UN.

And I might be wrong, but mustard gas is not that hard to make. It\'s not an WMD.

I don\'t really give a poo either way. I just hate people who embrace revisionist history.
I saw that too. I'm not proud of that time in our nation's history - Cautiously Optimistic
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I think we can do better.
I can think we can definitely do better than... - 60 Minutes...
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http://www.defense.gov/news/newsarticle.aspx?id=15918

Go there. That tells the real story about WMD in Iraq. Department of Defense website.

I have not trusted 60 Minutes since they put up all those "documents" about Bush in Air National Guard, later proven to be forgeries that they knew were forgeries and presented them as truth anyway and had to retract it and how many people got fired?

Yes well...only because they got caught. They lost all integrity as far as I am concerned as they were "supposed" to be a legit news source (not like MSNBC....).

and THAT was why we have spent all these years at war? - It should not have been that way
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A little common sense and self-restraint would have saved us lives and our budget deficit.
Well, now that we have established that you hate me... - you may just have to hate
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yourself for your part of revisionist history. I misspoke...it was not just mustard, it was sarin, and please go to this site:

http://www.defense.gov/news/newsarticle.aspx?id=15918

On the US Department of Defense website...that munitions found in Iraq met the criteria for WMD and that they assert they don't think we found all of them.

Sixty Minutes? The same sixty minutes that put up those documents as true that were later proved false and had to retract it? Oh yea....THAT 60 Minutes.
Since when is mustard gas not a WMD? - Backwards Typist
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What killed some of our doughboys in WWI? The Germans used it against our troops. Why do you think they wore gas masks a lot of the time?

Sorry, but mustard gas IS a WMD and the other poster is right about the intelligence from other countries also verifying Iraq had WMDs. We did not fight in Iraq by ourselves, either. Other countries were with us. It just so happens that they pulled out a lot earlier.

Better read up on some history and stop poo-pooing what you want to believe and start learning the truth.

This is what's wrong with half this country (maybe not you,but a lot of others do). They take what they hear as total truth and jump to conclusions without verifying information, especially if they don't like the person the info is about. It's time people in this country get a bit more educated, but I also believe it's a hopeless expection.

He thinks he's king. He ordered his Justice - Department not to enforce

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DOMA because he doesn't like the law. Clearly unconstitutional. Hiring all those czars without congressional approval or even consulting them...clearly unconstitutional. And sending our military into a combat zone without congressional approval...yet another thumbing of nose at the constitution. Somebody needs to pull the power plug on that guy. He needs to be impeached, or at least charged, so maybe he will actually listen to someone besides the voices in his head.

Balderdash! I couldn't disagree with you more - nm

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nm

Disagree with me...fine. Does not change the - fact that he did all those

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things and they are all unconstitutional.

voices in head - me

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Maybe you could try to still the voices in your head coming from Fox "News" or better still the insane visual hallucinations produced by Glenn Beck on his scary, scary blackboard.

Skirt right over subverting the constitution and - fixate on voices in the head

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cute remark about Fox "News." I rarely watch Fox News. I actually get out and do the research myself so I actally get both sides of every story; do not depend on the gospel according to MSNBC and Huffington Post.

You really should broaden your horizons and make your OWN blackboard with your OWN research and get out of rote lockstep....it would open up a whole new world for you. It might be scary for awhile, but at least your thoughts would be your own.

Just making a suggestion.

War Powers Act - Truthseeker

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WASHINGTON, March 28â The War Powers Act of 1973, passed in the aftermath of the Vietnam War, puts limits on the ability of the President to send American troops into combat areas without Congressional approval.

Under the act, the President can only send combat troops into battle or into areas where ''imminent'' hostilities are likely, for 60 days without either a declaration of war by Congress or a specific Congressional mandate.

The President can extend the time the troops are in the combat area for 30 extra days, without Congressional approval, for a total of 90 days.

The act, however, does not specify what Congress can do if the President refuses to comply with the act. Congress could presumably suspend all funds for such troops and override a Presidential veto.

Thank you for posting that. - nm

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nm

War Powers Act - Zville MT

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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.

Here's the link - this one is actually pretty easy to read, although there is a bit of legalese.

http://www.thecre.com/fedlaw/legal22/warpow.htm

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