[quote name='IRHari']Greenwald is saying that some people are making 'the claim', as are you, that since Congress ratified the UN charter, it is 'exempt' from the Constitutional requirement of seeking Congressional approval (through a war resolution vote). Congress approved the UN charter, but I'm not sure that means that Congress approves every war undertaken as part of a UN coalition.[/QUOTE]
Again, I'm not claiming anything is "exempt" from a Congressional authorization requirement, assuming one exists. What I'm saying is that one or some combination of the ratification of the UN Charter, or passage of the War Powers Act, or even the March 1st senate resolution CONSTITUTE authorization, an argument which seems compelling enough for me. If that isn't the case I'm simply wondering why those Congressional actions don't suffice, and from what I gather from the article, the response is "because they don't," which isn't much of an answer.
[quote name='IRHari']Fukc it, you might as well read the full article, lemme know what you think:
http://www.salon.com/news/opinion/glenn_greenwald/2011/03/18/libya/index.html
He addresses a lot of the defenses Obama supporters have come up with to justify Obama's actions in this case.[/QUOTE]
An interesting read, but it doesn't really answer my basic question as posed above and honestly seems to gloss over the counter-arguments it does address. For instance, I understand that the War Powers Act is constitutionally uncertain, but that doesn't mean Congress can just pretend it doesn't exist, which is what the article seems to imply.
Likewise, the interaction between the various clauses dealing with the military in Articles I and II of the Constitution is similarly less than clear, which makes me a bit skeptical of the article's attempt to dismiss possible issues with a bland "The War Powers Clause says this."
Finally, the federalist papers are interesting and all, but it's amusing enough when the Supreme Court has to reach back that far for precedent, much less a journalist. I wonder what the author would think about Thomas Jefferson's effectively unilateral declaration of war on Libya? To the shores of Tripoli, indeed. Rather undercuts the argument that this question is so settled, though, doncha think?
Again, I'm not claiming anything is "exempt" from a Congressional authorization requirement, assuming one exists. What I'm saying is that one or some combination of the ratification of the UN Charter, or passage of the War Powers Act, or even the March 1st senate resolution CONSTITUTE authorization, an argument which seems compelling enough for me. If that isn't the case I'm simply wondering why those Congressional actions don't suffice, and from what I gather from the article, the response is "because they don't," which isn't much of an answer.
[quote name='IRHari']Fukc it, you might as well read the full article, lemme know what you think:
http://www.salon.com/news/opinion/glenn_greenwald/2011/03/18/libya/index.html
He addresses a lot of the defenses Obama supporters have come up with to justify Obama's actions in this case.[/QUOTE]
An interesting read, but it doesn't really answer my basic question as posed above and honestly seems to gloss over the counter-arguments it does address. For instance, I understand that the War Powers Act is constitutionally uncertain, but that doesn't mean Congress can just pretend it doesn't exist, which is what the article seems to imply.
Likewise, the interaction between the various clauses dealing with the military in Articles I and II of the Constitution is similarly less than clear, which makes me a bit skeptical of the article's attempt to dismiss possible issues with a bland "The War Powers Clause says this."
Finally, the federalist papers are interesting and all, but it's amusing enough when the Supreme Court has to reach back that far for precedent, much less a journalist. I wonder what the author would think about Thomas Jefferson's effectively unilateral declaration of war on Libya? To the shores of Tripoli, indeed. Rather undercuts the argument that this question is so settled, though, doncha think?