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June 15, 2011

War Power Play: Legislators Sue Over Libya
Brazen: White House Warns That Any Congressional Input Into War May Send "Mixed Messages" About War Limited Kinetic Action

A bipartisan group of ten. Alas, they're letting Kucinich give out quotes.

“With regard to the war in Libya, we believe that the law was violated. We have asked the courts to move to protect the American people from the results of these illegal policies,” said Rep. Dennis Kucinich (D-Ohio), who led the 10-member anti-war coalition with Rep. Walter Jones (R-N.C.).

They specifically challenge this idea that a foreign treaty organization may substitute for Congress in the war-declaration procedure, a bad idea that was dumb when it was first floated, what? In 1950? In 1946? There was a debate on this in Congress, during the United Nations creation/treaty discussion, as to whether US troops would come with their Declarations of War pre-authorized by creation of a UN now authorized to command them into war.

Seemed absurd then, as it seems absurd now. If there is any sort of "pre-authorization" it would need to be explicit. Congress would have to specifically authorize the President to use troops whenever the UN, or NATO, or SEATO, or UNESCO, or whoever called us into war.

And just because some Congressmen thought this is what the terms of the UN treaty meant does not mean their opinion -- just an opinion, absent the force of law, through the normal legislative process -- means diddly-squat.

A foreign organization, even one heavily influenced by the US executive branch, cannot satisfy the Constitution's requirement, which makes no mention of any body apart from Congress, in declaring war.

Oh You Dirty Hypocritical Flip-Flopping Jackass: Guess who's now worried about "mixed messages" coming from Congress, about a war limited kinetic action?

You guessed it, chief.

Carney also issued a warning, saying it is "important for Congress not to send mixed signals about a goal… we all share."

They told me if I voted for McCain, I'd see a lawless executive that flouted the Constitution and denigrated Congress' power to authorize war, based upon a theory of sending "mixed messages" to hostile regimes, and they were right!

Oh wait, you wuz serious wit' dat?

H/t to instapundit, of course.

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