Rep. Dennis Kucinich (D-OH) says President Obama should be impeached over the Libya campaign.
A short while ago a couple of our reporters were asking questions on the history of the War Powers Act and the necessity for a declaration of war for the president to go to war.
[Josh Marshall of TPM] explained that the current constitutional rule is that a president doesn't have to do anything to send the military into battle. Except in cases where the ruling party believes an Authorization for the Use of Military Force (AUMF) sets the party up well for the next election campaign.
So what is the War Powers Act of 1973? Well...
The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.
That paragraph came from Wikipedia. The text of the Law can be found at the above referenced link.
Also, Wikipedia mentioned this:
The War Powers Resolution has been controversial since it became law. In passing the resolution, Congress specifically cites the Necessary and Proper Clause for its authority. Under the Necessary and Proper Clause, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
Because it limits the President's authority in the use of force without an official resolution or declaration of war by Congress, there is controversy as to whether the provisions of the resolution are consistent with the Constitution. Presidents have therefore drafted reports to Congress required of the President to state that they are "consistent with" the War Powers Resolution rather than "pursuant to" so as to take into account the Presidential position that the Resolution is unconstitutional.
Thus, the President consistent with the War Powers Act did this today:
Obama has now sent a letter to leaders of Congress defining the mission, in keeping with the War Powers Resolution of 1973 requiring a report to Congress within 48 hours of commencing military action, and it contains rebuttals of both lines of criticism.
Obama is taking criticism from the right for failing to articulate “regime change” as a goal of the mission. But his letter to Congressional leaders unapologetically sticks to the narrower definition of the mission as tailored to halting violence and preventing a humanitarian disaster:These strikes will be limited in their nature, duration, and scope. Their purpose is to support an international coalition as it takes all necessary measures to enforce the terms of U.N. Security Council Resolution 1973. These limited U.S. actions will set the stage for further action by other coalition partners...
United States forces are conducting a limited and well-defined mission in support of international efforts to protect civilians and prevent a humanitarian disaster. Accordingly, U.S. forces have targeted the Qadhafi regime’s air defense systems, command and control structures, and other capabilities of Qadhafi’s armed forces used to attack civilians and civilian populated areas. We will seek a rapid, but responsible, transition of operations to coalition, regional, or international organizations that are postured to continue activities as may be necessary to realize the objectives of U.N. Security Council Resolutions 1970 and 1973.
My ultimate problem with Kucinich is that I...I...
What am I doing?
Jesus, why am I going to write something new when I wrote up this very point last August?
I probably agree with Dennis Kucinich 98% of the time (the idea for a Department of Peace is just ridiculous) but it doesn't mean I like him, nor does it mean I trust him. The same goes for the others. Watching the Professional Left's behavior over the last two years has frankly been the thing that turned me into a Liberal who hates other Liberals.
I think there is a responsibility for those of us on Left to hold the President accountable, as he has asked. But there is also a responsibility for those of us on Left to deal in facts, to understand that ideology is a way of looking at the world, not a purity checklist (again, Republican behavior), to understand how, where and why a piece of legislation goes wrong, to not let the perfect be the enemy of the good, and most of all, to keep working.
In short Dennis's call for the President's impeachment was a Ideological purity test, and had nothing to do with the reality of law. Like it or not, and I know a lot of Liberals don't like it, the President is...well, being consistent with the Law.
If Kucinich wants to do something about this (and I really doubt that he does, it's all about the Kleig lights for him), he can rally for Congressional Action in the 30-60 day time period.
