But Dennis Kucinich and the other house members who are suing Barack Obama for violating the War Powers Act in Libya are doing the right thing:
Ten House members led by Rep. Dennis Kucinich (D-Ohio) are filing a complaint in federal court against President Obama for taking military action in Libya without first seeking congressional approval.
Kucinich and Reps. Walter Jones (R-N.C.), Howard Coble (R-N.C.), John Duncan (R-Tenn.), Roscoe Bartlett (R-Md.), John Conyers (D-Mich.) Ron Paul (R-Texas), Michael Capuano (D-Mass.), Tim Johnson (R-Ill.) and Dan Burton (R-Ind.) filed the complaint Wednesday at the U.S. District Court for the District of Columbia.
“With regard to the war in Libya, we believe that the law was violated,” Kucinich said in a statement. “We have asked the courts to move to protect the American people from the results of these illegal policies.”
The House members argue that the Obama administration overstepped its constitutional authority by authorizing the use of U.S. military force abroad without first receiving approval from Congress. U.S. forces have been involved in the campaign against Libyan leader Moammar Gaddafi for 88 days.
Critics argue that Obama violated the 1973 War Powers Resolution by failing to seek congressional approval for the mission.
It would be interesting to see how the Supreme Court might handle this.
I’ve always felt that the requirement for Senate to declare war implies that there should be a legislative requirement for the approval of war, but these days, no one seems to take this particularly seriously.
I would note that Libya appears to be a particularly cut and dried case though, there is no security threat to the US, and the primary reason that we are involved seems to be that the US Military didn’t want to be left out of the party started by French and British neo-Colonial political calculus.