and the war goes on.
The Obama administration has allowed a 60-day legal deadline for obtaining congressional approval for the US war against Libya to expire without taking any action. The deadline passed on Friday, May 20, with barely any notice taken in the American media or in official political circles.
The War Powers Act was passed by Congress in 1973, amidst the debacle of the Vietnam War, overriding the veto of Richard Nixon.
Its purpose was to prevent future presidents from waging open-ended undeclared wars with little or no accountability to the legislature, which under the US Constitution has the exclusive power to declare war.
It gives the president the right to use military force at his discretion for up to 60 days—itself a huge extension of presidential power—but requires withdrawal after a total of 90 days if Congress does not vote to approve the military action.
Six Republican senators sent a letter May 18 to Obama, citing the upcoming 60-day deadline: “Friday is the final day of the statutory sixty-day period for you to terminate the use of the United States Armed Forces in Libya under the War Powers Resolution. As recently as last week your Administration indicated use of the United States Armed Forces will continue indefinitely. Therefore, we are writing to ask whether you intend to comply with the requirements of the War Powers Resolution.”
Obama responded with a letter to the top Democrats and Republicans in the House and Senate, inviting them to support a congressional resolution to authorize the ongoing war against Libya, but not acknowledging that the War Powers Act was relevant to the conflict. In fact, the letter makes no mention of the 1973 law.
Instead, Obama constructs an argument that downplays the US role: “By April 4, however, the United States had transferred responsibility for the military operations in Libya to the North Atlantic Treaty Organization (NATO) and the U.S. involvement has assumed a supporting role...” These are blatant sophistries, especially given the fact that a US officer, Admiral James Stavridis, serves as the NATO commander... Moreover, on March 21, after ordering the first attacks on Libya, Obama sent a letter to Congress notifying it officially of the military engagement, “as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution...”
http://www.wsws.org/articles/2011/may2011/pers-m24.shtml