Truest statment of the week II

Well the use of military force by the president has to be authorized by Congress under the United States Constitution. That's very clear. And it's not just war, it's use of -- it's hostilities, it's really any military action anywhere in the world other than in self-defense. So we start from the premise that military actions, whether in Libya, killing people in Somolia or Yemen, etc., has to be authorized by Congress. In some cases the president claimed that the authorization to use military force passed in 2001 -- after 9/11 -- gave him authority. But in other cases, he's just asserting raw, naked power. He's claiming that because these don't amount to large wars that the Constitution doesn't apply and he doesn't have to go to Congress. Now then what happened because this is a common claim of presidents whether it's in Libya or Somolia, Congress after Vietnam built in a safety trigger. They said, "Lookit, you still need our consent to go to war, or to go into hostilities or bomb people, etc. But we're going to put in a safety trigger. If you do that, if you engage in hostilities and you don't come to us first like you're required to do under the Constitution, then you have sixty days to come back to us and get authority or within sixty days all troops have to be automatically withdrawn." So it's a safety figure because they knew the president would do exactly what Obama is doing, violate the Constitution. They put in a safety trigger that said you have sixty days to get authority, if you don't have authority then you then have 30 more days to get all the troops out, a total of 90 days. So in the case of Libya, of course, the 90 days have passed and the War Powers Resolution had required that all those troops be brought out. So we had a sort of double system.

-- Michael Ratner (Center for Constitutional Rights) addressing the Libyan War last week on Law and Disorder Radio which he co-hosts with Heidi Boghosian and Michael S. Smith