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International Honor Society in Social Sciences
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STUDENT SHADOW PRESIDENT UPDATE

Commander-in-Chief

On May 1 (U. S. eastern time), President Barack Obama utilized his power as commander-in-chief and ordered Navy SEALs to raid Osama bin Laden's compound in Abbottabad, Pakistan, resulting in the terrorist's death. President Obama and all Americans, regardless of party affiliation, had reason to feel some contentment that justice was done.

However, I believe that President Obama is abusing some of his power as commander-in-chief by conducting military activity in another foreign country: Libya. I am not going to pretend to know the classified information surrounding the Libyan conflict, nor am I going to critique the decision to use American military resources there. But there is something much simpler that I believe that President Obama should do concerning the conflict -- : get congressional approval.

The Constitution states that it is the legislative branch, not the president, that has the power to declare war.  Congress enacted the War Powers Resolution of 1973, following the termination of active U. S. military involvement in Vietnam.  The resolution says that the president may introduce U.S. forces “into hostilities, or into situations where imminent involvement in hostilities is clearly indicated … only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”  It also states that military operations must cease within 60 days unless Congress has authorized them or has allowed an extension, which can be for no more than 30 days.  The resolution essentially restricts the president from using the American military at his own will, his constitutional authority as commander-in-chief notwithstanding.

In late June, President Obama’s 90-day free ride ran out. But he has yet to seek Congress’s permission to continue military action in the northern African country.  As to why he has not sought congressional approval, President Obama claims that the action in Libya is not a war, no American ground troops are being used, and the operation does not involve continuous hostilities. 

Despite his reasoning, there seems to be little doubt but that President Obama is overstepping his bounds.  President Obama is using American military resources for military action.  But don’t take my word for it; the head of the Justice Department Office of Legal Counsel, the Defense Department’s general counsel, and Attorney General Eric Holder all believe that the Libyan conflict is subject to the War Powers Resolution. If the non-use of ground troops equals non-military action, theoretically the president may use offshore missiles to bomb anywhere in the world for any reason. The rationale of the War Powers Resolution was to finally place a limit on what had proven to be limitless presidential war-making power. Until the resolution is repealed, the president needs to comply with it.

What makes matters worse is that President Obama knows better.  He is a constitutional lawyer, after all, and is very well aware of the War Powers Resolution. According to Time magazine, in 2007 then-candidate Obama said “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.”

If President Obama wants the bombing of Libya to continue, he should seek congressional approval. I speculate that he would get approval, considering that members of Congress do not want to have to bear the responsibility for risky decisions about foreign affairs and national security. Therefore, the president can have his cake and eat it, too. So that public officials and Americans in general do not lose their respect for the Constitution and laws, President Obama should not abuse his powers as commander-in-chief any more than he has already done .

Eric Knutson
Shadow President

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