Rep. Justin Amash Calls Libya Action Unconstitutional

[FrankRep]

http://www.thenewamerican.com/images/stories2011/10aMarch/justin-amash-govt.001.jpg
Rep. Justin Amash (http://amash.house.gov/), R-Michigan, 3rd District



Freshman Congressman Justin Amash (R-Mich.) claims President Obama is violating the U.S. Constitution by committing U.S. armed forces to enforce a no-fly-zone over Libya without approval from Congress, and he's got a strong witness in his corner: Senator Barack Obama.


Rep. Justin Amash Calls Libya Action Unconstitutional (http://www.thenewamerican.com/index.php/usnews/constitution/6766-rep-amash-calls-libya-action-unconstitutional)


Thomas R. Eddlem | The New American (http://www.thenewamerican.com/)
20 March 2011


Related articles:

A Real Cost/Benefit Analysis of Libyan Intervention (http://www.thenewamerican.com/index.php/world-mainmenu-26/africa-mainmenu-27/6761-a-real-costbenefit-analysis-of-libyan-intervention)

Libya: One Quagmire Too Far? (http://www.thenewamerican.com/index.php/world-mainmenu-26/africa-mainmenu-27/6752-libya-one-quagmire-too-far)

On Libya, It's the Beltway Interventionists vs. Ron Paul and the Founders (http://thenewamerican.com/index.php/usnews/foreign-policy/6741-on-libya-its-the-beltway-interventionists-vs-ron-paul-and-the-founders)

Proper Use of the U.S. Military (http://www.thenewamerican.com/index.php/usnews/foreign-policy/3836-proper-use-of-the-us-military)

[low preference guy]

good

[QueenB4Liberty]

Everyone should. It is.

[Anti Federalist]

Huzzah!

[Aratus]

again an honest voice

100,ooo thanx, FrankRep

[Sola_Fide]

Statesman!

[AGRP]

Treasonous!

[Michael Landon]

You've got to love the first comment on that page:




Kiss, Keep It Simple Stupid
This is not rocket science well it should not be any way. We have been at war for more than 10 years in Iraq and Afghanistan. Congress gave away ALL of its War Powers that fell under the Constitution when it agreed to the lovely Patriot Act. Hey, Congress lives to not read bills and we elect these fools.

We have been in a STATE OF WAR for TEN YEARS. I do not like Obama's policies nor can I stand Neo Cons but there is no Unconstitutional Act here at all. Where was this Freshman on the vote of the Patriot Act? If he voted for it then he needs to shut up.


- ML

[Galileo Galilei]

Great quotes by James Madison.

[Stary Hickory]

Yea, you know this is starting to get surreal. Obama actually did not even get a resolution for war....I don't think this will change unless we start impeaching presidents who do this sort of thing. The congress is there as the peoples representatives. To not consult them when considering military action and war should lead to immediate impeachment. Admittedly there is far too much neocon in congress these days, but I think the dems plus some of the libertarian/tea party new guys would have stopped or maybe scaled down and severely limited our role there.

It just gets worse and worse, what Bush did was awful now Obama tops even that.

[FrankRep]

You've got to love the first comment on that page:


Where was this Freshman on the vote of the Patriot Act? If he voted for it then he needs to shut up.

lol@Leon. What an idiot.

[speciallyblend]

Yea, you know this is starting to get surreal. Obama actually did not even get a resolution for war....I don't think this will change unless we start impeaching presidents who do this sort of thing. The congress is there as the peoples representatives. To not consult them when considering military action and war should lead to immediate impeachment. Admittedly there is far too much neocon in congress these days, but I think the dems plus some of the libertarian/tea party new guys would have stopped or maybe scaled down and severely limited our role there.

It just gets worse and worse, what Bush did was awful now Obama tops even that.

Obama/Cheney 2012 Bring Our Troops Home , the ticket for sucker voters!!

[crazyfacedjenkins]

Next election I'm donating to his campaign. A Ron Paul clone as far as I can tell.

[mommaliberty]

yes, we know it's unconstitutional, but this has been going on since the War between the States in 1861. Check this out:

I found this in Congressional Quarterly's Guide to the US Supreme Court. The following shows how the court set precedence to allow for congressionally undeclared wars. This threw me for a loop when I read it and considered the debate over the last few years on the UnConstitutional wars we are currently involved in.

In 1863 the Supreme Court, in a group of rulings known as the Prize Cases, ruled the following when it was observed that "civil war is never solemnly declared," (in reference to the War between the States/Civil War):

the court said that while a president does not initiate war, he is "bound to accept the challenge without waiting for any special legislative authority." Justice Robert C. Grier for the 5-4 majority continued:

If it were necessary to the technical existence of a war, that it should have a legislative sanction, we will find it in almost every Act passed at the extraordinary session of the Legislature of 1861, which was wholly employed in enacting laws to enable the Government to prosecute the war with vigor and efficiency.... Without admitting that such [a ratification] Act was necessary under the circumstances, it is plain that if the President had in any manner assumed powers which it was necessary should have the authority or sanction of Congress....this ratification has operated to perfectly cure the defect.

Although none of them involved declarations of war, the court has ruled in several cases that subsequent ratification of an executive action or appropriation of money to carry out that action is equivalent to a prior authorization of that action.....

During debate on the controversial Indochina War of the 1960s & 1970s, it was contended that declarations of war were outmoded, given the existence of modern nuclear weapons and the need to commit troops overseas in emergencies on a limited war basis.

It goes on to say how a congressional declaration is no longer practical because of technology today.

[FrankRep]

Justin Amash to Draft Legislation Declaring the Libyan Action Unconstitutional (http://www.news-gazette.com/news/politics-and-government/2011-03-22/johnson-opposes-military-action-libya.html)

03/22/2011


U.S. Rep. Tim Johnson, R-Urbana, who already opposes U.S. involvement in wars in Iraq and Afghanistan, today said he would introduce legislation to de-fund military action in Libya.

The six-term Republican said he would work with Rep. Justin Amash, R-Mich., a freshman congressman, to draft legislation declaring the action unconstitutional.