History Says Otherwise

Is the Libya War unconstitutional?

While I noted that President Obama attacked Libya with a UN resolution and a misinterpreted mandate from the Arab League (they only called for a no-fly zone), but did not get a Congressional authorization to use force, it was only for the point of slamming those anti-Iraq War protesters who forget we had that Congressional authorization.

I don't think the president needs a declaration of war (or the modern equivalent of the authorization to use force resolution) to use our forces in combat with Libya. We have a long history of that, from the Quasi-War with France and the Tripolitan War all the way through Operation Allied Force over Kosovo. And over Iraq, even the declaration of war didn't stop a later Congress from trying to cut off funding just prior to turning the corner to victory.

As I understand it, President Obama consulted leadership in Congress. For something like the Libya operation, I think it is enough to satisy legality. If Congress is that upset with the president, they can refuse to fund operations against Libya.

All this talk of Odyssey Dawn violating the Constitution is rubbish. Let's focus on how to fight it and what we are fighting to achieve.