Leave it to Congressman Dennis Kucinich.
He sure stirred up a firestorm when he accused President Obama of committing “an impeachable act” by ordering airstrikes on Libya without first seeking the authorization of Congress.
Kucinich is not calling for impeachment hearings. But is he right on the law? Experts disagree.
Yes, the Constitution says that only Congress can declare war. But, in the next section, it also says the president shall be Commander-in-Chief of the military. So, you could make the argument both ways – as Barack Obama has, in fact, done.
As candidate for president, he said that a 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.” But today he argues he does, indeed, have that power – under the War Powers Act of 1973.
Bottom line: President Obama probably did not break the law when he authorized military action with getting the approval of Congress. But it would look a lot better, and give him a lot more political support, if he had taken the time to do so.
That’s my parting shot for today.