from a "debate between Democratic Rep. Dennis Kucinich of Ohio, one of the Congress members suing President Obama, and Robert Turner, who worked as an attorney in the Reagan White House":
This is an operation under Chapter 7 of the U.N. Security Council. When the Senate passed or consented to the ratification of the U.N. Charter in 1945, their unanimous report said the use of American forces to carry out a Chapter 7 decision of the Security Council would not be an act of war, but an act for preserving the peace, and therefore, would not affect the exclusive power of Congress to declare war. When the U.N. Participation Act was before the Senate in December of 1945, Senator Burton Wheeler of Montana introduced an amendment that provided that the president could not send U.S. military forces to carry out a Chapter 7 decision of the Security Council without first getting the approval of Congress by joint resolution in the specific case where the Security Council wanted to act. That was defeated by more than a seven-to-one majority, getting fewer than 10 votes, and leaders of both parties said this violates the obligation we have made under the U.N. Charter to assist in the keeping of peace.[more]
And remember, you talk about the president’s duty to see the laws faithfully executed. In Article VI of the Constitution, the Supremacy Clause says this Constitution, laws made pursuant to the Constitution and treaties made under the authority of the United States shall be the supreme law of the land. The president has a power and a duty to carry out the international obligations of the United States under treaties. So, this is not a new issue.
ok, it sounds a bit orwellian ['war is peace'], but our action in libya is not an act of war, and the constitution is on obama's side!
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