Both the House of Representatives and the president have shown that when it comes to Libya, NATO is not the only organization susceptible to bouts of friendly fire. A bipartisan group of ten congressmen sued the president last Wednesday for not getting Congressional approval of military action in Libya, thereby violating the War Powers Act of 1973. President Obama responded by stating that combat in Libya does not equate to the full-blown “hostilities” described in the Act, while simultaneously disregarding dissenting legal opinions from both the Pentagon and the Justice Department.
Amid this mess, there’s only one thing that’s clear: expending energy to politically posture over the War Powers Act has real costs. While both sides remained tied up in this debate, they remain distracted from our national objectives: ousting Qaddafi and, more broadly, keeping public discourse focused on the economy.
Three main issues undermine the Republican’s charge that the Obama administration has exceeded its brief vis-à-vis the War Powers Act: historical enforceability issues, potential political consequences, and questionable motives.
First, enforcement of the War Powers Act is difficult at best. While the wars in Iraq and Afghanistan received congressional support, presidential indifference to the Act has been historically bipartisan. Reagan invaded Grenada in technical violation of the War Powers Act, while Clinton received no congressional backing for the humanitarian intervention in Kosovo. Furthermore even legal precedent stands against enforcement: A District of Columbia appellate judge dismissed a similar War Powers Act suit over Clinton’s action in Kosovo, stating that the case was “nonjusticiable.”
Second, efforts like the one suggested by Majority Leader John Boehner (R-Ohio) to defund military action in Libya are futile at best. Despite their desire to protect the sanctity of legislative branch, representatives are wary of pitting a stand against executive overreach against depictions of betraying American troops abroad mid-mission.
And third, even leader Boehner’s position on the issue has been tumultuous at best. In 1999, Boehner called the War Powers Act “constitutionally-suspect” during the U.S intervention in the Balkans, noting that its implementation was “likely to tie the hands of future presidents.” The Majority Leader’s tenuous position on the issue only gives the impression that the congressman is willing to weaken future presidents in order to maximize present political gains.
At the same time though, it’s not clear why the president doesn’t want to play War Powers ball on Libya. In an editorial Friday, the Washington Post echoed similar sentiments on the president’s stance, while declaring that the vague nature of the law did not excuse Obama from abiding by it.
It seems as if the president is calculating that the cost-benefit analysis the situation favors a patient approach. By waiting for political realities to douse the House’s passions, the president avoids entangling himself in jurisdictional politics. While it is wise that the president is conserving the power of the bully pulpit for economic issues, political realities make a quick solution to the War Powers controversy a presidential necessity. A protracted War Powers debate plays right into the desired Republican narrative: the administration is distracted from focusing on jobs and the economy.
Furthermore, such a swift conclusion would not even require a public retraction of the president’s position. A bipartisan group in the Senate led by Senators John Kerry (D-Mass.) and John McCain (R-Ariz.) is working on a non-binding resolution to validate the effort in Libya.
So as not to compromise his current position, the president should actively support the Senate resolution to ensure its passing. Even though the resolution would likely die on arrival in the House, and therefore not satisfy the legal requirements of the War Powers Act, it provides the president with the opportunity of congressional approval for military action in Libya. Senate approval gives Obama the platform to transcend bickering over constitutional authority and argue that America needs to focus on getting rid of our deficit and Qaddafi. The McCain-Kerry resolution provides the congressional support necessary to move beyond the War Powers Act spat and onto more pressing priorities.
Photo Credit: Gage Skidmore