Lawmakers: Obama flouted U.S. Constitution

WASHINGTON, March 22 (UPI) -- U.S. President Barack Obama faced bipartisan criticism for bypassing Congress in ordering U.S. military involvement in the attacks on Libyan air defenses.

Democratic lawmakers -- including Reps. Michael Capuano of Massachusetts, Barbara Lee of California and Jerrold Nadler of New York -- said Obama exceeded his constitutional authority by authorizing the attacks without congressional permission.

Republican lawmakers -- including Sens. Richard Lugar of Indiana and Rand Paul of Kentucky and Rep. Roscoe Bartlett of Maryland -- said the same thing.

So did editorials and columns in conservative and liberal opinion outlets ranging from The Washington Times and National Review over the weekend to The Boston Globe Tuesday.

Article 1, Section 8 of the U.S. Constitution gives Congress the power "to declare war."

"While few doubt that, in a national emergency, the president can order troops into action, any sustained engagement must be approved by Congress," the Globe said in its Tuesday editorial. "This isn't a technicality: It's embedded in the U.S. Constitution."

Obama sent a two-page letter to Congress Monday saying that as commander in chief, he had constitutional authority to authorize the strikes, which were undertaken with French, British and other allies.

The strikes are to be limited in scope and duration, he wrote, adding that preventing a humanitarian disaster in Libya was in the best interest of U.S. foreign policy and national security goals.

The White House said Obama met with congressional leaders Friday to discuss the Libya situation.

The Senate unanimously approved a resolution March 1 calling for the U.N. Security Council to impose a no-fly zone over Libya. The Security Council approved the measure Thursday night.

"No United Nations resolution or congressional act permits the president to circumvent the Constitution," Rep. Justin Amash, R-Mich., wrote on his Facebook page Monday evening.

Rep. Dennis Kucinich, D-Ohio, said Monday in a video posted on YouTube he considered Obama's action a "grave matter."

"Whether you like President Obama or not is not the question. The question is: if you like the Constitution more," Kucinich said.

In December 2007, Obama told the Globe, "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."

And even in the case of actual or imminent threat, "It is always preferable to have the informed consent of Congress prior to any military action," Obama told the newspaper as he campaigned for the White House.

Obama national security adviser Tom Donilon told The New York Times Monday the administration "welcomes the support of Congress in whatever form that they want to express that support."

But he said Obama had constitutional power to authorize the operation on his own.

"This is a limited -- in terms of scope, duration and task -- operation, which does fall in the president's authorities," he said.