John Nichols began his article with this statement;
" President Obama failed to seek a
declaration of war before ordering US attacks on Libya. Now, he faces a
challenge under the War Powers Resolution. " That is quite true. However,
it is not an immediate challenge to the President. He has sixty days according
to the WPR and the clock started on March 19th when coalition forces
began their air attacks on Gaddafi's armed forces.
That is not exactly a misrepresentation of the WPR,
but a clarification to Mr. Nichols' remark was deemed necessary. His misrepresentation
occurs later in the third paragraph of his article entitled, "A War Powers
Challenge to Obama's Libya Project."
He stated, " The
War Powers Resolution, enacted in the late stages of the Vietnam War over a
veto by President Richard Nixon, requires the commander-in-chief to notify
Congress within 48 hours of committing armed forces to military action that he
or she determines is necessary in the face of "a national emergency created by
attack upon the United States, its territories or possessions, or its armed
forces.' " Emphasis is mine and represents the focal point of Mr. Nichols'
misrepresentation. He combined, thus misconstrued, two separate paragraphs
within the WPR.
With respect to the 48 hours here is what the WPR
actually says under the heading, "Reporting requirement:"
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and
duration of the hostilities or involvement.
Essentially, that is all it says about the 48-hour
requirement. There is nothing about a national emergency or a direct attack on
the United States. That particular language is in an entirely different section
within the WPR and in a totally different context.
That language is in the first part of the WPR under
the heading, "Purpose and policy." The constitutional powers of the
President as Commander-in-Chief to introduce United States Armed Forces into
hostilities, or into situations where imminent involvement in hostilities is
clearly indicated by the circumstances, are exercised only pursuant to
(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.
The
gritty details of carrying out these provisions are contained later in the WPR
mostly in the "Reporting requirement" section mentioned above as it pertains to
the President. By combining two disparate statements into one, Mr. Nichols
provided to readers a misleading view of the WPR.
I have
only the deepest respect for Mr. Nichols. This article is a product of that
respect. It is not meant as censure or criticism.
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