Today, Congressman Jerrold Nadler (D-NY), the top Democrat on the House Judiciary Subcommittee on the Constitution, demanded that any continued U.S. military intervention in Libya be first authorized by Congress.  During debate on the Kucinich resolution, which would force the president to remove U. S. armed forces from Libya within 15 days, Nadler argued that the Constitution mandated congressional authorization for the continued use of force.

“The gentleman from Virginia earlier said that the Kucinich resolution would tie the president’s hands.  Yes it would.  The whole point of the Constitution is to tie the president’s hand,” said Nadler.  “The president, not this particular president, any president must not have the power to commit this country to war on his own authority without the concurrence of Congress.  That is the point of the Constitution.”

“The issue before us is not consultation with Congress.  It is not a lack of information to Congress.  It is the fact that Congress must act,” said Nadler.
 
The following is Congressman Nadler’s statement on the Kucinich resolution as delivered on the House floor:

“The gentleman from Virginia earlier said that the Kucinich resolution would tie the president’s hands.  Yes it would.  The whole point of the Constitution is to tie the president’s hand.  The president, not this particular president, any president must not have the power to commit this country to war on his own authority without the concurrence of Congress.  That is the point of the Constitution.

“George Washington said, ‘The Constitution vests the power of declaring war in Congress, therefore no offensive expedition could be undertaken until they shall have deliberated upon the subject and authorized such a measure.’

“Abraham Lincoln said, ‘They [meaning the framers] resolved to so frame the Constitution that no one man should hold the power of bringing this oppression [meaning war] upon us.’

“And that is what this really does.  Now, over the last 60 years since World War II during the cold war, power has flowed to the president, again presidents in general.  The exigencies of time, bombers were over the pole, or we thought bombers were over the pole, you couldn’t call Congress into session.  And Congress in effect surrendered much power to the presidency.

“Korea was an undeclared war and should not have happened that way.

“Vietnam, Congress was fooled.  They called the Gulf of Tonkin Resolution the functional equivalent of a declaration of war, which Congress would not have voted had they known what was in store or that it would be cited as a declaration of war.

“The issue before us is not consultation with Congress.  It is not a lack of information to Congress.  It is the fact that Congress must act.  And that is why the Boehner resolution is beside the point.

“Now in past, there was a good reason, there was time, there were emergencies, but here Secretary Gates said there was no threat to the national security of the United States.

“We had time to negotiate with the Arab League, we had time to go to the U.N., there was time to go to Congress and ask for an authorization for the use of military war.

“The president gave us his reasons for going into Libya.  Not everyone agrees with those.
 
“But the question is not the wisdom of the war in Libya, it is enforcing the Constitution, and if we pass the Kucinich resolution, the president would have 15 days to come before us and ask us to authorize the use of force if that is necessary.”
               
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