Kucinich Throws Down The Gauntlet In Today's One-Minute Speeches

Video's not available yet, but OS was beavering away at his desk when The Dennis strode up to the mic about forty-five minutes ago, looked into the camera, and declared the US's role in the Libyan civil war to be illegal and unconstitutional, and announced he would have an hour's presentation tomorrow.

Listening to him, one would think we were listening to a Tea Partier, not someone on the left side of the Democratic Party.

He had that tone of 'I've had enough. I don't give a shit anymore what Nancy Pelosi does to me for wandering off the plantation.' And the look he gave the camera at the end was essentially to say, 'Go on, Obama, just try to fuck with me. I'm too old to care, and you don't have a leg to stand on'.

As a prelude to his minute of eloquence today, he posted this at HuffPost yesterday.

Last night the President said it took one month to put together a response to the situation in Libya. During that time the President consulted with 28 member nations of NATO, 22 member nations of the Arab league and 15 members of the UN Security Council, ten of whom approved the resolution. There was also time for extensive coordination with France and Great Britain. The President had time to consult with the international community, but had no time to come to the United States Congress?

There is no question that the administration should have followed the Constitution and received the approval of Congress before starting a war. Consulting with a few members is not the same thing as following the Constitutional requirements of Article 1, Section 8.

Further complicating the administration's failure to come to Congress prior to ordering an attack is the fact that our primary partners in the war against Libya, France and Great Britain, had, according to a French military website, planned certain war games which now may have significance.

On November 2, 2010 France and Great Britain signed a mutual defense treaty, which paved the way for joint participation in a military exercise called 'Southern Mistral'. While war games are not uncommon, the similarities between 'Southern Mistral' and 'Operation Odyssey Dawn' highlight just how many unanswered questions remain regarding our own military planning for Libya.

The 'Southern Mistral' war games called for Great Britain-French air strikes against an unnamed dictator of a fictional country, "Southland." The pretend attack was authorized by a pretend United Nations Security Council Resolution. The 'Southern Mistral' war games were set for March 21-25, 2011.

On March 19, 2011, the United States joined France and Great Britain in an air attack against Muammar Gaddafi's Libya pursuant to UN Security Council Resolution 1973.

Scheduling a joint military exercise that ends up resembling real military action could be seen as remarkable planning by the French and British, but it also highlights questions regarding the United States' role in planning for the war. We don't know how long the attack on Libya has been in preparation, but Congress must find out. We don't know who the rebels really represent and how they became armed, but Congress must find out.

With so many unknowns, Congress' only path to protect both the Constitution and the institution of government of the people is to cut off funds for the war in Libya. A cutoff of funds would require the president to follow the Constitutional process with respect to going to war. He would have to seek Congressional approval.

Otherwise, we will have given our tacit consent to a policy that undercuts Congress' constitutionally-mandated role as a coequal branch of government. Moreover, since the Founders established Congress under Article 1 and the Executive under Article 2, Congress is first among equals, unless we refuse to be.

That is why I will propose an amendment to the next continuing resolution or omnibus appropriations bill that would prevent any U.S. funds from being used for the war in Libya.

This will get interesting, 'cuz the deadline for the gubbermint shutdown looms next week.

Betcha Miz Nancy and Missah Harry wish they had actually passed a budget last year, when they had a majority, and the Constitutional responsibility to do so.

The blackmailing and threatening of Democrat members of both houses is likely underway in earnest. If a significant number of Dems escape the plantation, Obama will find himself in deep deep deep doo-doo.

The McClintock Letter To Obama: The War On Libya Is Unconstitutional And Illegal

Tom McClintock, Republican, 4th District of California has thrown down the gauntlet in a letter to TheWinnerOfThe2010NobelPeacePrize, The One (Oprah? Anything to say?), The Only, The President, who decided to send America to war against Libya, and has declared war on the US Constitution.

The complete text:

Dear Mr. President:
I have read your letter to the Speaker of the House of Representatives and the President pro tempore of the Senate dated March 21, 2011 concerning your order that United States Armed Forces attack the nation of Libya. You cite the authority of United Nations Security Council Resolution 1973 and your "constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive."
The Constitution clearly and unmistakably vests Congress with the sole prerogative "to declare war." Your letter fails to explain how a resolution of the United Nations Security Council is necessary to commit this nation to war but that an act of Congress is not.

The United Nations Participation Act expressly withholds authorization for the President to commit United States Armed Forces to combat in pursuit of United Nations directives without specific Congressional approval. The War Powers Resolution states that the President's power to engage United States Armed Forces in hostilities "shall not be inferred . . .from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities..."

The War Powers Resolution unambiguously defines three circumstances under which the President as Commander in Chief may order United States Armed Forces into hostile action: "(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." Your letter cites none of these conditions.
Nor can the power to order an act of war be inferred from the President's authority as "Commander in Chief and Chief Executive."

The Constitution's Framers were explicit on this point. In Federalist 69, Alexander Hamilton draws a sharp distinction between the President's authority as Commander in Chief as "nothing more than the supreme command and direction of the military and naval forces" and the authority of the British king "which extends to the declaring of war and to the raising and regulating of fleets and armies ~ all which, by the Constitution under consideration, would appertain to the legislature."

With all due respect, I can only conclude that your order to United States Armed Forces to attack the nation of Libya on March 19, 2011 is in direct violation of the War Powers Resolution and constitutes a usurpation of Constitutional powers clearly and solely vested in the United States Congress and is accordingly unlawful and unconstitutional.

Sincerely,

Tom McClintock

Member of Congress



This is succinct, unemotional, clear, respectful, and essentially irrefutable.

The White House, having begun an illegal war, are thrashing about now, attempting to disengage, hoping that Europe will come to his rescue before Congress reconvenes.

Even if they do (and they won't), McClintock's letter remains to be answered. It is the basis of an impeachment resolution.

OS hopes his readers will distribute the letter to all their family and friends. The link above takes you directly to the letter, posted on the Congressman's official site.

The Libyan Intervention: The Ground Shifts Under Our Feet

The Huff Post headline says it well: This could take awhile. No kidding? Really?


There's a good live blog stream running there, for those who wish to follow.

The announcement of the beginning of hostilities came during Saturday afternoon during one of the NCAA basketball tournament games. The WinnerOfThe2010NobelPeacePrize just started hisself a war, without consulting Congress. TheOne ordered our Navy and Air Force to bomb the bejeezus out of a country that has not attacked us, just because its leader is a murderous thug, and the UN sez it's OK.

He then boarded the plane to Brazil. Sweet.

This is patently in contravention of the US Constitution and the War Powers Act of 1973. Congress never never never ever ceded to the President the power to make war in our name, just because it suits him.
The ground has shifted under our feet. We're now at war with Libya, 'cuz staging air raids and missile attacks on a sovereign nation, even if the leader is a thug, is an Act of War.

Kucinich and his posse and the Tea Party GOP freshmen now have common cause--it is now time to introduce and debate a resolution to impeach Barack Obama.

It's also time for the GOP freshmen to stage a ComeToJeeeeezus meeting with John Boehner, to see if he thinks the Constitution is a good idea or not.

OS has a question: If it's OK to bomb the bejeezus out of countries we disapprove of, howz-about we flatten the bits of Havana that Castro hangs out in? How about a cruise missle or two, fired from Florida, at Chavez's pad outside Caracas? Or a B-2 raid from Missouri on Zimbabwe? Or Mynamar? Or North Korea? If we don't need to check in with Congress, or declare war, or need any other reason than our own disapproval of a particular regime at a particular moment, why not?

Moral Hazard/Shmoral Hazard!! We know better than them, so let's get to it, ya'll.

Or, perhaps, the framers of the Constitution had a better idea, to constrain the actions of a President posessing unlimited ego and no conscience.