by Glenn Greenwald
May 19, 2011
"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" -- candidate Barack Obama, December, 2007
"No more ignoring the law when it's inconvenient. That is not who we are. . . . We will again set an example for the world that the law is not subject to the whims of stubborn rulers" -- candidate Barack Obama, August 1, 2007
When President Obama ordered the U.S. military to wage war in Libya without Congressional approval (even though, to use his words, it did "not involve stopping an actual or imminent threat to the nation"), the administration and its defenders claimed he had legal authority to do so for two reasons: (1) the War Powers Resolution of 1973 (WPR) authorizes the President to wage war for 60 days without Congress, and (2) the "time-limited, well defined and discrete" nature of the mission meant that it was not really a "war" under the Constitution (Deputy NSA Adviser Ben Rhodes and the Obama OLC). Those claims were specious from the start, but are unquestionably inapplicable now.Full Article...