Sunday, March 27, 2011

Libya, the Constitution, the War Powers Resolution, Impeachment, and Congress

The Constitutionality of President Obama's intervention in Libya has recently been much in the news with several members of Congress; you remember Congress, those folks sworn to defend the Constitution and paid to serve the public interest.  At any event, several members of Congress have questioned the legality of President Obama's actions citing the US Constitution and going so far as to talk of impeachment!

Common Sense finds this offensive on several grounds.  First, Congressmen presumably should know something about the Constitution and laws governing war.  After all these are the folks tasked with making our laws.  What offends Common Sense is the talk of impeachment given the War Powers Resolution and the Constitution.  For those unfamiliar with those the War Powers Resolution given the president the authority to engage in war, a matter separate from the constitutional Declaration of War, for a period of 60 days after notification of Congress within 48 hours of the engagement in war.  While the War Powers Resolution remains somewhat controversial, President Obama's actions are clearly consistent with that law and as such not subject to impeachment.

Given the law, Common Sense wonders at the competency or ethics of those elected Congressmen in the second instance.  If a Congressman doesn't know the law or isn't familiar with the Constitution are they, in fact, competent?  Common Sense thinks likely not.  On the other hand, if a Congressman knows the law but chooses despite the law to talk of impeachment is he ethical?  Common Sense thinks not.

It is one thing to oppose the actions of an elected official.  Common Sense thinks all citizens, including all Congressmen, in fact have an obligation to speak out in opposition to actions they don't agree with.  But when that opposition is simply a transparent attempt to provoke civil discord it offends is little more than the act of an agent provocateur; a vile attempt at disruption not discourse.

Common Sense thinks we deserve better of our Congress.

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