Where’s The Outrage!
US military action in Libya ‘unconstitutional’
Michael Dorf, a constitutional law expert and a professor of law at Cornell University, has said that US President Barack Obama’s decision to take military action in Libya is unconstitutional.
He pointed out that conflict in Libya is unconstitutional because Obama has failed to seek Congressional approval. Under the US constitution, Congressional approval is required for declarations of war.
U.N. Security Council Resolution 1973 made the Libya action valid under international law, but compliance with international law does not automatically ensure compliance with the Constitution.
“Although the President was not required to seek a formal declaration of war, the assignment of powers in the Constitution suggests that some form of legislative consent was necessary,” said Dorf.
He further said that accoring to many observers the unilateral military action by Obama is a necessary accommodation to the demands for quick, decisive action in the field of international relations.
But the Congress clearly thinks otherwise as reflected in the War Powers Resolution of 1973. It makes clear that except in cases of an attack on the U.S. or its armed forces, the President must seek prior approval from Congress, Dorf added.
