Obama Has No Constitutional Mandate to Protect Libyan Civilians

Boulder, CO - In 2007, candidate Obama stated, "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."  He was right!  And yet, he has now trampled that principle by attacking Libya, doing so without the necessary congressional Declaration of War, which the Constitution clearly requires.

Instead, President Obama merely consulted with some congressional leaders, and has not sought an act of Congress, while pointing to the U.N. Security Council resolution 1973 as justification.  He states, "I've acted after consulting with my national security team, and Republican and Democratic leaders of Congress."  On Monday, he referred to "an international mandate from the Security Council."  Pointing to the global community, he spoke of "international legitimacy."

President Obama, many of his predecessors, and most in Congress seem clueless about the most rudimentary constitutional principles governing U.S. foreign policy.  Even if Congress issued a Declaration of War in this matter, it would not be legitimate, as Congress is only authorized in Article I, Section 8 of the Constitution to collect revenue for three purposes:  to pay the debts, and for the defense and general welfare of the United States.  There is absolutely no authority granted to spend federal dollars on using our military as a global police force, including to protect the people of Libya.

Constitutional scholarship recognizes that treaties have no precedence over the U.S. Constitution.  It follows that the United Nations has no authority to direct the U.S. military to initiate warfare, as this authority is reserved for the Congress under our constitutional system, regardless of any statement to the contrary in the U.N. Charter.

 "The harm caused goes beyond the estimated $100 million cost of cruise missiles fired at Libya," stated National Chairman Jon Hill. "The strike at

 Libya is a strike at our constitutional system -- a key to our national stability."

 National Secretary John Pittman Hey stated, "The decision to go to war is one of the gravest to be taken, and yet President Obama has failed to stay within the most basic constitutional legal framework.  Outraged Americans should call for his impeachment."

 Contact:

 Jonathan Hill, National Chairman 1-866-SOS-USA1, ext 4

 John Pittman Hey, National Secretary, secretary@americafirstparty.org