Unbeknownst to many Americans, there's a conflict raging in the House that has absolutely nothing to do with revealing boxer shorts and Twitter this week. President Obama's team defended military action in Libya on Wednesday in response to a House resolution condemning the action last month and Dennis Kucinich's current legal quibble with the continued use of military resources ostensibly to remove Muammar Qadafi from power. The statement from the White House is significant because it establishes a threshold at which armed conflict reaches the "hostilities" level. The War Powers Act, passed in 1973, states:
"It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or in such situations."
In suggesting that the current military engagement in Libya by American forces doesn't constitute "hostilities" as defined in the resolution, the White House wrests control of the debate and exercises a further prerogative in determining foreign policy that runs contrary to both the language of the resolution and, subsequently, the Constitution.
Let's go back to third grade (because, in all honesty, Washington more often resembles the playground than the epicenter of United States' foreign and domestic policy). You're lunch money has been stolen over and over again by the same bully, and you've had enough. You plan to meet under the slides right after the bell rings. You've entered a schoolyard fight, and pursuant to the rules of the playground both sides know what they're in for. If caught, detention will have to be served. Now imagine the you simply throw rocks at the bully from across the playground, and, when the assistant principal inevitably steps in to break up the fight, only he goes to detention. Throwing rocks doesn't constitute actual engagement in a "fight," instead you were simply antagonizing the bully and are therefore no longer susceptible to the laws of the playground.
That may be a crude analogy (okay, it is a crude analogy. I don't think Qadafi's greatest crime was hanging his opponents by their jock straps from his flag pole). The fact remains, however, that Obama is attempting to both rewrite the laws and definitions of the United States unilaterally for further Commanders-in-Chief to exercise. As the Times correctly points out, the judicial branch will likely steer clear of this justiciable conflict based upon political technicalities, leaving the controversy to be settled through political means. Should the ability of the executive to wage war without the consent of the people be left to determination through political channels? Sure, the conflict in Libya (in conjunction with other uprisings throughout the Muslim world) currently carries with it the apparent will of the majority. The White House conceded that the military and diplomatic goals (to protect the innocent, to depose Qaddafi) of the United States are different. If Obama wins this constitutional showdown, however, the next time a conflict (NOT "hostilities"!) comes along, regardless of its morally-defined bounds, the future president will have Obama's precedent to legitimately exercise his authority. And the American public will be the ones waiting in line for that swirlie.
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