President Barack Obama violated the Constitution by attacking Libya without authorization from Congress. The constitution states in Article 1, Section 8 that Congress has the power to declare war. This, in turn, has been interpreted to either mean a formal declaration of war against a foreign nation or an authorization of military action. Congress has done neither of these two things, thus making this intervention unconstitutional.
On the other hand, in Article 2, Section 2 the Constitution states that the president has the power to make war. The war powers clause has been interpreted to mean that the president has the power to repel attacks on American soil and to lead the military in times of national emergency. The Libyan military poses no direct threat to American soil nor does it pose a direct threat to American lives.
President George W. Bush, after America had been attacked by al-Qaida operating out of Afghanistan, asked Congress for and received an authorization of military force against the Taliban in Afghanistan. He even asked Congress for and received an authorization of military force against Iraq. President Obama did not ask and did not receive any sort of authorization.
He consulted with the United Nations, specifically France and Great Britain, before pressing the button and saying go. In 2007, presidential 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.” So the problem now is not the fact that we attacked another country that was doing things that we didn’t like, but the fact that the president of the United States of America unilaterally attacked another country without the consent of Congress.
Jon Chapin is a junior majoring in political science and history.