Changes

The Congressional Research Service reports that the legality of President Obama's Libyan no-fly zone may depend, at a minimum, on both authorization for the operation and the extent to which the manner of execution of the operation comports with relevant international law. The Charter of the United Nations, in Article 2(4), prohibits the “threat or use of force against the territorial integrity or political independence” of a member state under most circumstances, and many practitioners and observers have wondered whether President Obama's establishment of a no-fly zone would constitute a violation of this prohibition.<ref>''No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress,'' Congressional Research Service, March 18, 2011, p. 6-8 pdf.</ref> In addition to international authorization, the [[War Powers Resolution]] of 1973 states that the President’s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities can only be exercised pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces. It requires the President in every possible instance to consult with Congress before introducing American Armed Forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization. The War Powers Act also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3). Once a report is submitted “or required to be submitted” under Section 4(a)(1), Congress must authorize the use of force within 60 to 90 days or the forces must be withdrawn.<ref>Ibid, p. 9 pdf.</ref>

The Congressional Research Service reports that the legality of President Obama's Libyan no-fly zone may depend, at a minimum, on both authorization for the operation and the extent to which the manner of execution of the operation comports with relevant international law. The Charter of the United Nations, in Article 2(4), prohibits the “threat or use of force against the territorial integrity or political independence” of a member state under most circumstances, and many practitioners and observers have wondered whether President Obama's establishment of a no-fly zone would constitute a violation of this prohibition.<ref>''No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress,'' Congressional Research Service, March 18, 2011, p. 6-8 pdf.</ref> In addition to international authorization, the [[War Powers Resolution]] of 1973 states that the President’s powers as Commander in Chief to introduce U.S. forces into hostilities or imminent hostilities can only be exercised pursuant to (1) a declaration of war; (2) specific statutory authorization; or (3) a national emergency created by an attack on the United States or its forces. It requires the President in every possible instance to consult with Congress before introducing American Armed Forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization. The War Powers Act also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3). Once a report is submitted “or required to be submitted” under Section 4(a)(1), Congress must authorize the use of force within 60 to 90 days or the forces must be withdrawn.<ref>Ibid, p. 9 pdf.</ref>

[[Democrat]]ic Representatives Jerrold Nadler (N.Y.), Donna Edwards (Md.), Mike Capuano (Mass.), [[Dennis Kucinich]] (Ohio), [[Maxine Waters]] (Calif.), Rob Andrews (N.J.), Sheila Jackson Lee (Texas), [[Barbara Lee]] (Calif.) and Del. Eleanor Holmes Norton (D.C.) “all strongly raised objections to the constitutionality of the president’s actions” during a Democratic Caucus meeting.<ref>http://www.politico.com/news/stories/0311/51595.html</ref> Senator [[Rand Paul]] (Ky.) alleged the actions show "contempt" for Congress, and along with Sen [[Mike Lee]] (Utah) introduced a resolution quoting candidate Obama’s own words when the he told the ''[[Boston Globe]]''

[[Democrat]]ic Representatives Jerrold Nadler (N.Y.), Donna Edwards (Md.), Mike Capuano (Mass.), [[Dennis Kucinich]] (Ohio), [[Maxine Waters]] (Calif.), Rob Andrews (N.J.), Sheila Jackson Lee (Texas), [[Barbara Lee]] (Calif.) and Del. Eleanor Holmes Norton (D.C.) “all strongly raised objections to the constitutionality of the president’s actions” during a Democratic Caucus meeting.<ref>http://www.politico.com/news/stories/0311/51595.html</ref> Senator [[Rand Paul]] (Ky.) alleged the actions show "contempt" for Congress, and along with Sen [[Mike Lee]] (Utah) introduced a resolution quoting candidate Obama’s own words when the he told the ''[[Boston Globe]],''

{{cquote|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.<ref>http://www.cnsnews.com/news/article/gop-senators-obama-s-libya-bombing-showe</ref>}}

{{cquote|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.<ref>http://www.cnsnews.com/news/article/gop-senators-obama-s-libya-bombing-showe</ref>}}