Obama on Military Attack: “President Does NOT Have Power Under the Constitution”

by | Mar 21, 2011 | Headline News | 19 comments

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    In December of 2007, while then Senator Obama was running for the Office of the President, Boston.com sat down with the candidate for a Q & A session.

    The question from interviewer Charlie Savage asked Mr. Obama about Presidential authority to initiate a military attack under the Constitution:

    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?)

    Mr. Obama, at one time a professor of constitutional law at the University of Chicago, responded with a clear and concise view on the matter:

    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.”

    While President Obama and his counterpart in the UK, Prime Minister David Cameron, believe that the military action in Libya has been authorized, and is legitimate and legal, it is only legal with respect to United Nations’ bylaws and treaties.

    The United States, however, requires the approval of Congress to engage in war, as stated by Mr. Obama in December of 2007. While the actions of Libya’s long-time leadership may be perceived abhorrent and morally unjust, it does not justify US involvement – especially unilateral decision making, with respect to US law, on the part of the President.

    The United States was not in danger because of Libya’s actions against its people. There was no imminent threat.

    Regardless of what the United Nations has or has not authorized, the People of the United States, by law, require Congressional approval for such an action.

    This is a prime example of why our Founders were adamant about the system of checks and balances.

    Reference Sources: Activist Post, What Really Happened, Boston.com


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      1. Don’t worry it’s all just a friendly Obamic Jihad against the American people………for which Congressional approval is not necessary. Go back to sleep.

      2. Hope and change, baby. We CHANGED from Iraq and Afghanistan to Libya and we HOPE it will be different this time.

      3. Obama does whatever the military industrial complex and Israeli masters tell him to do.  Just like Bush, and Clintoon, and Bush 1, and Saint Regan did.
        Anyone who thinks American presidents ( or Congress ) has any ability to act in an independent manner obviously didn’t get the Kennedy Memo.

      4. TnAndy…you are so right.

        I think part of the 1st day orientation is a short film of a famous day in Dallas from an angle NEVER before seen or released to the public. 

        OK lights on……lets get to work Mr. President

      5. The war is legal in UK law as the UK PM does not have to ask Parliament for permission to send the UK to war. Under the powers of the royal prerogative the PM is authorised to declare war.

        The US system may be different but the UK is definitely acting lawfully under our legal system.

      6. Since when has obama let that pesky little Constitution get in his way?  This is a dictatorship (in his mind).  His record number of czars, his executive power use, his healthcare bill. 

        He all but craps on our Constitution.  I thought he took an oath to preserve, protect and defend it?  I guess I must have mis-heard, it was kind of hard to follow with all the mis-speaking.

        ****Inflation warning!!  I spoke to a well versed international lighting manufacturer at length today.  He said big price increases are coming for all products.  Transportation costs are up 50%.  Products coming out of China are getting more expensive (raw materials & labor are rising). 

        He said for now the manufacturers are operating at a loss because no one wants to be first to raise their price.  Sooner or later they will be forced to do it.  You can’t keep your door open if you are losing money.****

        I know I’m preaching to the choir here but make sure you have your food, TP, medication, water, clothing, ammunition, guns, etc in order.  It’s gonna be a bumpy year or two (or more). 

      7. I like the way you put that TnAndy.  Cold hard stone truth.  I’ve never looked behind the curtain but I don’t have to, to understand history.

      8. The UN Charter prohibits UN action against a country based only on its internal politics/actions.  The UN may only take action when a country aggresses against another country.  This action is illegal according the the UN charter as well as the US Constitution.  

      9. That Long Legged Mack Daddy Mulatto is just the innocent reflection of the consciousness of the people of America.

      10. Why the hell does this dumbass need consent from the UN to go war with Libya? In the USA we follow the UNITED STATES CONSTITUTION! Not International law! These asswipes always by pass the Constitution just to go to war. Congress has the power to declare war, raise and support the armed forces, control the war funding.Congress has the power to(concerning war) :
        To declare War, grant Letters of Marque  and Reprisals and make Rules concerning Captures on Land and Water;
        To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
        To provide and maintain a Navy;
        To make Rules for the Government and Regulation of the land and naval Forces;
        To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

      11. Barack Hussein Mobama is a putz.  He can’t wipe his own butt without permission and he sure as hell doesn’t give a crap about the Constitution.

      12. I just read an article that said the Libya War costs are headed toward billions of dollars already.  Day 1 alone was well more than $100 million. 

        Obama’s few remaining supporters are abandoning him in droves.  Meanwhile, he vacations in Rio….on our dime!!

      13. Exactly!  Just like President Bush’s attacks on Afganistan and Iraq.  No formal declarations of war there either.
        Or Panama, under President Bush Sr.
        Or Grenada, under President Reagan.
        Or Vietnam.

      14. THE Constitution has been a complete falure in keeping the federal government under control, but its done a pretty good job of growing the government at the expense of the people…It`s time for something different.

      15. Just remember the CON-stitution was put into place by people who wanted a strong federal government….looks like they accomplished their task.

      16. Just remember: the CON-stitution was put in place by people who wanted a strong central government. Hell originally it didn’t even contain a Bill Of Rights. It wont save you, it wasn’t designed to.

      17. Comments…..  The osama administration has demonstrated , along with previous administrations, that the Constitution only applies when they want it to apply.  The constitution is just an outdated piece of paper to them.  Unfortunately for them, there are enough Americans who remember what they were taught in school about civics class, and how we are a nation of laws.  What a crock that was huh?  The law only applies when “they” want it to apply.
            I have never seen any administration so overtly ignore constitutional law as this one.  They basically issue an executive order, and that’s that.  I don’t see it getting any better.
           Until these jack-booted thugs are forced to stop, it will not stop.  get used to Fascist AmeriKa.

      18. Interests involved, the Constitution is a piece of paper sometimes

      19. It is not initially necessary to impeach the Chimp in Chief for unconstitutional actions, but merely begin legal action and arrests against those all along the chain of command that followed and implemented illegal orders. There is plentiful military and civil legal precedent, both nationally and internationally, to uphold this. Once the public firestorm of ‘drone’ smack-downs occur, nailing ‘bama is a foregone conclusion.

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