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Letter to President Obama Regarding Libya

By: Rep. Tom McClintock (Diary)  |  March 23rd, 2011 at 07:20 PM  | 

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March 23, 2011

The Honorable Barack Obama
President of the United States
The White House
Washington, D.C. 20500

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

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  • The_Gadfly

    has ever accepted The War Powers act as constitutional. Given that it was entirely an act of Congress and imposes limitations on the executive branch which exceed those explicitly in the Constitution, they have a valid argument. And no, I’m NOT happy making that argument on behalf of a president I personally regard as a power hungry megalomaniac, but a respect for the Constitution itself requires that we interpret it without regard to the current occupant of any given office.

    As for the necessity of a declaration of war before using the military for any such action, Washington and Jefferson both used military force that was the equivalent of war in early in the administrations without getting such a declaration. So from the very beginning of our current constitution, the President has had the power to use the military without prior authorization from Congress.

    This should not preclude you from forcing the president to outline to the Congress the full justifications for, and explicit goals of such military action. Quite frankly at this point I suspect you would be better with a judo move: Draft a Declaration of War and make him either oppose it or present his own alternative declaration. Such a declaration could clarify the military objectives and provide them with the guidelines for planning that are so clearly missing from the Executive branch. Either that or defund his actions in Libya. Public rantings without actions to back them advance nothing.

  • conservativecurmudgeon

    Ignoring federal judges, selective law enforcement, signing legislation that wasn’t Constitutionally enacted (-the “Affordable Care Act” originated in the Senate, and because it enacts streams of revenue, should have originated in the House), Representative McClintock simply points to how little regard President Obama has for our founding documents, our traditions, and our laws.

    At what point do we take this with a modicum of seriousness? At what point do we start to investigate a pattern of complete lawlessness?

  • azred

    Except when scolding his detractors – then he proudly announces “I WON”.

  • msctex

    Obama has been taught that core principles are an outdated notion relegated to inferior minds of antiquated thought. He views each and every situation as existing in a moral and ethical chaos that it is up to him as a leader to not so much control, as aim in a beneficial direction. He seeks not to defeat and win, but to harness. “Winning” would offend his egalitarian sensibilities, unless the opponent is between himself and power. In that instance, nothing is off the table.

    He has been taught that there is a better way than that outlined in the US Constitution. This way is never defined, but is taken as an article of faith, that with time and effort men such as himself will bring it into being.

    It is madness.

  • donnybrooke

    Really, with all due respect to the congressman, I don’t see that this letter makes any difference. If it had called for the president to come before congress to answer questions concerning the use of our armed forces in Libya, with the threat of impeachment proceedings if there was no compliance on the executive branches part, then it might be of greater value.

    It is a nice letter, which will be filed along with all the other nice letters in a round filing cabinet. My sentiments, of course.

  • derechista76

    …and Tea Party conservatives

  • marshmom

    Conservatives in congress are going to have to be more bold and unapologetic when they call Obama to the mat. How many letters, requests, orders, etc. has the Obama administration just flat out ignored? Too many.

    How far will he have to go before he is held accountable for his actions? He seems to keep snubbing his nose at the conservatives in congress and nobody seems to be calling him out on it. Please push this issue and don’t let the Obama administration sweep this under the rug like they have everything else.

    Thank you.

  • derechista76

    …vociferously deny Professor Barry a War Powers resolution. Justification?: The AWOL professor is not up to the aimless mission.

  • powertothepeople

    I can not see where he is not entitled to wage this action and the key word is action. There is no war in this matter and unless it gets to that point or the action extends past a certain amount of time, really do not see where he needs congressional approval.

    That being said, quite frankly, I do not give a tinkers damn that he is dropping a few bombs on Libya. What I do care about is you and the rest of your congressional buddies dropping bombs on us. We were given promises when we poured to the voter booths to elect and re-elect all of you. We were promised an end to PP funding, 100 billion cut from the budget, and end to Obamacare, and so much more and yet to this date we have received nothing. In fact, we are no closer to achieving those promises than we were the day before we elected all of you.

    Screw this insignificant action in Libya. I know it hurts a lot of feeling that he did not come and ask your permission to engage in this. But I do not care. What you need to be doing is taking care of the business we put you in power to take care of, reminding all your co-workers the promises they made, and fighting Obama on the things that matter, not this silly nonsense.

    I could care less what you or anyone else thinks about this action (I for one see no reason to be there), we do not need you wasting your time writing letters that will not change a thing, will not even be read most likely, and does nothing to get us closer to the objectives we hired you for. So stop with the letter writing and take care of this country and fix the problems that affect each and every one of us in our daily lives. Deliver on the promises and I will back a letter like this. Until that time, it is nothing more than a silly distraction.

    I state my opinion based on two things. Under Article 2 section 2, he is clearly defined as the leader of the military able to deploy as he sees fit. Article 1 Section 8 simply refers to declaring war, which we are not in with Libya.

    Under the war powers act, he has 48 hours to inform congress of why he felt the action was needed which he has done and 90 days to take action prior to congressional approval. And again, since this has to do with an actual act of war, not sure where this whole thing fits in. But even if you want to call it war, he has 90 days to get your permission.

    Even if you disagree with me, which I am sure many will, worrying about this little action in the whole scheme of things is like worrying about the small spot of blood on your sock when you have a 2 penny nail jammed all the way up in your foot and you are walking on it. Just seems to be this letter and the focus on this Libyan thing is a waste of time and is taking everyone’s focus away from all the other major issues that need fixed.

  • boonerdan

    Very nice letter. Now what are you going to do about it Congressman?

  • phenry

    The GOP has a huge majority in the House. Of course they have no spines, but this shouldn’t take a spine. It is a clear violation of the U.S. Constitution and they are violating their oath to preserve, protect, and defend it if they don’t, well, preserve, protect, and defend the U.S. Constitution.

  • Tbone

    1 inch long. Obviously, you would have wanted to use a much larger nail in your metaphor. Your lack of knowledge of nails is consistent with the balance of your sputter. But, thanks for trying.

  • msctex

    But a smirk was all he could afford, in terms of vengeance.

  • powertothepeople

    did your inability to make a cognitive argument with Acat and Aesthete drive you to post more nonsense on another persons post. How about instead of showing you have the intellect of a 10 year old wanna be school yard bully, how about you back up your silliness with an opinion based both in reality and in law? I know that is quite tough for you, but snide does not bother me and you are not very good at it anyways. I know you think you impress everyone with you pathetic whimpers, but I am not one of them.

    By the way, since a foots depth is quite small as well, a tack would have been just fine so a two penny nail is even better.

    Now lets see if you can actually muster enough brain power to actually ever answer with fact rather than nonsense you heard on the slide.

  • edwyrd

    And i quote,

    “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”

    how can we call obama OUR president?

    And another thing Congressman McClintock, did you ever see that john wayne movie, of the same name? do you think you could be a little more John Wayneish? spank the libs, please!

  • Tbone

    Arguing the obvious is of little challenge.

    I think Tom here has made my point, while you did nothing but rant totally off topic and not very coherently. It is, however, in keeping well within your previously demonstrated abilities.

    Maybe you should stick to painting your nails instead of referencing the wrong type?

  • SoFiMil

    and he still won’t do a darn thing except eat his waffles. Too busy preening to do anything important except say, “Present.” Sad, but not unexpected or shocking. Not only is he unprepared for the unexpected, he’s unprepared for the excpected and anticipated actions from those who wish to do us harm as well.

  • http://pocketchangeproductions.net/ anotherindyfilmguy

    Does it have to get so bad first that the democrats impeach the O?

  • powertothepeople

    you are incapable of making even the most elementary of arguments. Amazing you have so many opinions yet no opinion at all. See most people at least follow up their flame line with the word “because.” Shame to see you are unable to even form that line of thought at the very least.

    Go back to the slide tomorrow and learn a new line as it is obvious you can not argue/debate on merit or even your own educated opinion( Boy that was an oxymoron wasn’t it.)

    And by the way, Tom made no opinion except political pandering. But even then you have no clue about what he based his pandering on.

    PS At least if you are going to attempt snide, can you at least put a little effort in it. The whole paint your nails line was about as brilliant as “my daddy can beat up your daddy.”

    PPS Here, I will make it easy for you. PALIN…..Now you can at least come back with a Give me a P Give me an A………….

    Or you could simply repeat “she rocks the nation.”

  • Tbone

    Just a little winding up and your just run on and on.

    I am not a great Palin fan, but I do recognize her rather substantial accomplishments. It’s just that she is capable of beating the field. Easily.

    Make it kind of tough on you who she makes feel so inadequate.

  • CJB68
  • http://www.scragged.com petrarch

    You’d get Dennis Kucinich’s vote.

  • http://www.hakubi.us/ Neil Stevens

    Tbone is secretly trying to drive people away from Palin.

  • powertothepeople

    but you proved beyond a shadow of a doubt that one person could constantly attempt to argue yet never make one point. .

    Slide must not have given you any decent lines because by golly gee, I can not believe you found out the Palin makes all of us who do not weep at the mere mention of her name, especially me, feel inadequate. Gosh you are such a smart fellow.

    And the clock line, OMG, such an amazing display of whit and perfect snark. You are elevated above all men when it comes to originality and put downs. The gods shined their grace upon……..

    Try again, this time put some effort into the nonsense.

  • jtlfromfredmd
  • e_rowe

    There should be no expectation of full agreement on all issues between all the moderators at Red State.

    But here somebody apparently decided to let this be a forum for Rep. McClintock to propound a view of the Constitution that another moderator only a week ago claimed was too insane to be tolerable in the GOP.
    http://www.redstate.com/streiff/2011/03/16/ron-paul-brings-the-crazy/

    I’m glad to see this development.. Red State could stand to have a good dose more of the strict constructionism of the McClintocks and the Pauls of the party. And the GOP would be wise to listen to them.

  • e_rowe

    Not unless he knew his vote wouldn’t make a difference.

  • powertothepeople

    but I think it is more plausible that he is like the small kid in this video. He thinks he is a “good” bully when in fact, he is simply funny to watch.

  • Tbone

    about the croc.

    McClintock front pages a post about Libya and pttp goes on a nonsensical threadjack rant about the budget, in effect blaming Tom for the failure of the House leadership, I point that out and pttp, in keeping with his circular logic processes drags Palin into it and you show up like, well, clockwork.

    You make me feel special and I appreciate that.

  • Tbone

    You are the want that seems to want to argue with a kid. LOL

  • powertothepeople

    put yourself in the position of a man, better be able to back it up. And as of yet you have said a lot but nothing at all. Still waiting on your “educated” analysis on why I and so many others are wrong on the legality of Obamas decision.

    See adults are able to distinguish between our like of something or someone from whether or not the decision is legal. You are only able to put tripe on a post and leave thinking you are the better man. Fortunately, you are only fooling yourself.

  • powertothepeople

    not that bright are you since it seems you are unable to understand that I gave you a bone so you could do your cheer for Palin since it was obvious that you were unable to form even the most simple of arguments to back up the nonsense you posted.

    And since he is in congress, this letter is political pandering that does nothing to change a thing, he is not grounded in law concerning his gripe, and there are many other more pressing issues he and his colleagues need to be focusing in on, my rant was more than justified.

    But then again, bobble heads for Palin really do not understand much do they Tbone?

    Now do you have anything else non substantial to add sir?

  • http://www.hakubi.us/ Neil Stevens

    If you’re going to get personal, you also need to stop.

  • Tbone

    http://www.redstate.com/users/powertothepeople/

    Now I am done with you. It’s recess!