Did Obama lose Congress on Libya?
By: Jonathan Allen and Marin Cogan
March 21, 2011 05:20 PM EDT
President Barack Obama is facing growing anger from lawmakers who believe he overstepped his authority by launching missile strikes into Libya without first seeking the consent of Congress.
The criticism is from all directions: from moderates, like Sens. Jim Webb (D-Va.) and Dick Lugar (R-Ind.); from those on the far left and right, like Reps. Dennis Kucinich (D-Ohio) and Ron Paul (R-Texas), who believe the president acted outside the Constitution; and from the establishment on both sides, including House Democratic Caucus Chairman John Larson of Connecticut and Republican Rep. Candice Miller of Michigan, a self-described “hawk.”
What it adds up to is this: The president, already taking heat for a perceived lack of engagement on pressing domestic matters, will arrive home from South America needing to justify to Congress and the public his decision to use force in Libya without seeking approval.
It remains to be seen whether Congress has reached a tipping point in its cession of war-making power to the executive branch, but it’s clear that U.S. intervention in Libya has hit a nerve with a war weary legislative branch.
“What is the vital U.S. national interest? … How much does he think it will cost us? What is the scope of the mission? How do you define success?” Miller said, ticking off a list of unanswered questions. “The president should come home, call us into session … and explain what he’s doing.”
Webb, a Marine and former Navy secretary, warned Monday on MSNBC that Congress has “been sort of on autopilot for almost 10 years now, in terms of presidential authority, in conducting these types of military operations absent the meaningful participation of the Congress.”
Sen. John Cornyn (R-Texas) tweeted Sunday that the president is treating Congress as a “potted plant.”
Kucinich, whose words still hold sway among some on the left, raised the question of why it’s not called an impeachable offense.
“We’re neutered as a Congress. It’s like we don’t exist,” said Rep. Walter Jones (R-N.C.), a longtime member of the Armed Services Committee who turned against the Iraq War. “I wish the president had not gone into Libya without first coming to Congress. We have for too long, as a Congress, been too passive when it comes to sending our young men and women to war.”
Some Republicans are considering bringing a vote on Libya to the House floor, though it’s not clear exactly what they would vote on.
“This is not a partisan issue with me; I have serious concerns about how prior Republican presidents have used or potentially misused that authority, and I think this should trigger a debate within Congress and [among] the American people about proper interpretation and application of [the] Constitution. I’m surprised more conservatives aren’t speaking out about this issue,” freshman Rep. Scott Rigell (R-Va.) told POLITICO. “American lives were not at risk in Libya at the time, and Libya was not a material threat to the United States or its territory, and it’s difficult.”
During a Monday press briefing, the president’s national security adviser, Tom Donilon, responded to congressional frustration over the level of consultation this way:
“First of all, consultation with Congress is important, as I said. Secondly, the administration welcomes the support of Congress in whatever form that they want to express that support. Third, as I indicated during the course of the briefing, this is a limited — in terms of scope, duration and task — operation, which does fall in the president’s authorities. Fourth, the circumstances arose with the passage of the United Nations Security Council on Thursday, the night before a congressional recess. So he did, even with that, call Congress — those who remained in town on Friday and those who are out of town — on the phone to consult with them.”
On Monday, Obama sent an official letter to Capitol Hill informing Congress of the military actions and invoking his authority under the War Powers law.
Though Obama convened congressional party and committee leaders for a White House Situation Room briefing Friday, many lawmakers say that doesn’t amount to the kind of consultation with Congress intended by the War Powers Resolution. Others say the law, which prescribes how the president must inform Congress of foreign military action, is unconstitutional.
Even among those who believe the president had the authority to launch the strikes, there is some sentiment that he should have done more to seek congressional approval.
Rep. Jason Chaffetz (R-Utah), who is considering a bid for the Senate seat held by Orrin Hatch (R-Utah), told POLITICO it’s “very troubling” that Obama sought approval from the United Nations but not Congress.
Republican leaders have been nearly silent on the matter.
Speaker John Boehner is the only House GOP leader to issue a public statement on the U.S.-backed military campaign, saying that the president has to “better explain” America’s role in targeting Muammar Qadhafi’s forces and “do a better job of communicating to the American people and to Congress about our mission in Libya and how it will be achieved.”
The remarks of rank-and-file Republicans reflect the desire to hear more from the president.
House Majority Leader Eric Cantor of Virginia, Majority Whip Kevin McCarthy of California and Senate Minority Leader Mitch McConnell of Kentucky have not commented on U.S. efforts to back Libyan rebels and impose a no-fly zone over the troubled North African country.
Republican Reps. Buck McKeon of California, Ileana Ros-Lehtinen of Florida and Mike Rogers of Michigan, who chair the Armed Services, Foreign Affairs and Intelligence committees, respectively, have taken similar lines to Boehner in their public statements on Libya.
Cornyn, chairman of the National Republican Senatorial Committee, is one of the few senior Republicans in the chamber who spoke out. He’s calling for a congressional vote authorizing Obama to engage in the Libyan campaign.
“On Libya, is Congress going to assert it’s constitutional role or be a potted plant?” Cornyn tweeted Sunday.
The influential class of 87 House Republican freshmen — which has yet to face a real foreign policy test — has widely divergent opinions.
Rep. Justin Amash of Michigan questioned the legality of the strikes from a constitutional perspective, while Rep. Chris Gibson of New York questioned the nation’s ability to add to its foreign commitments. Reps. Renee Ellmers of North Carolina and Vicky Hartzler of Missouri, however, support the action.
“It’s a little belated. We have a moral obligation for people wanting freedom who are being slaughtered by a dictator,” said Hartzler, who sits on the Armed Services Committee. “I’m glad we have foreign allies helping us in this, but the president needs to be more defined in his mission, and I think that’s something he should work with us on. … I’m glad he moved in now. I think it’s a good thing he got involved.”
Ellmers, a member of the Foreign Affairs Committee, agreed that the strikes are appropriate, but called on Obama to explain his plan to Congress.
“The violence against the people of Libya by Muammar Qadhafi is unacceptable, and it must end. The United States stands with those who seek freedom in that country and around the world. But we must have a coherent strategy anytime we utilize U.S. military force abroad,” Ellmers said. “Now that President Obama has ordered airstrikes and engaged the U.S. military in Libya, he needs to provide more information to Congress and to the American people.”
During a Saturday conference call among House Democrats, a group of veteran liberals, including Reps. Jerrold Nadler of New York, Donna Edwards of Maryland, Mike Capuano of Massachusetts, Maxine Waters of California, Rob Andrews of New Jersey, Sheila Jackson Lee of Texas, Barbara Lee of California, D.C. Del. Eleanor Holmes Norton and Kucinich, expressed concerns about the constitutionality of the strikes.
“The president is acting outside of the authority of the Constitution. There is no question about that whatsoever,” Kucinich said Monday on MSBNC. He also argued that the president is making a costly mistake. “We have money for endless wars, and we can’t take care of things here at home.”
Larson, chairman of the Democratic Caucus, had said before the missile strikes that the president should consult with Congress prior to taking any military action.
Some Republicans note that former President George W. Bush sought and won congressional approval of use-of-force resolutions before striking in Afghanistan and Iraq.
Gibson, who commanded a brigade of the 82nd Airborne Division, said America doesn’t have the resources to open another front.
“Our country is currently facing a myriad of challenges, including working to complete our objectives in Iraq and Afghanistan, protecting our cherished way of life from extremist terrorist networks and struggling here at home to address a skyrocketing deficit that poses a tremendous threat to our national security,” Gibson said. “Now is not the time to take on new missions. The Libyans must decide their own fate, and we should stop our military operations immediately.”
— John Bresnahan and Jake Sherman contributed to this report.