After 60 Days, No Legal Basis For War In Libya

Posted by | May 21, 2011 14:22 | Filed under: Top Stories

The 1973 War Powers Act requires the president to get congressional approval 60 days after notifying them of an act of war.

… in a letter sent Friday night to congressional leaders, Obama expressed support for a proposed resolution that “would confirm that Congress supports the U.S. mission in Libya.”

…Obama did not, however, explicitly say whether he thinks the War Powers Resolution applies to the Libyan operation. That act makes no specific exception for limited or supporting action: It applies to any instance in which military forces are “introduced into hostilities,” or sent into foreign territory or airspace while equipped for combat…

Legal scholars say that congressional inaction could severely weaken a law intended to take back legislative control of U.S. warmaking.

The House will hear testimony next week from members about whether the president needs to have congressional authorization for the Libya mission.

Congress has not authorized the mission — which includes a no-fly zone, bombing raids, a sea blockade and civilian-protection operations.

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Copyright 2011 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.

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