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Opening Arguments

Kinetic military action is hell

War? What war?

The White House, pushing hard against criticism in Congress over the deepening air war in Libya, asserted Wednesday that President Obama had the authority to continue the military campaign without Congressional approval because American involvement fell short of full-blown hostilities.

[. . .]

In contending that the limited American role did not oblige the administration to ask for authorization under the War Powers Resolution, the report asserted that “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.” 

So, a war is "full-blown hostilities." Anything less is, well, whatever a president wants to call it so he doesn't have to deal with the War Powers Act, Congress or that pesky Constitution. In Korea, which was the first major undeclared war in this nation's history, no matter what anybody said at the time, it was "police action." Then in Vietnam, we had "combat advisers" who weren't really fighting; they were just helping the Vietnames be better soldiers. But, hey, if you're in a hostile environment, things happen, and you have to defend yourself.

It was Vietnam that led to the War Powers Act. If it has become too difficult or politically risky to actually declare war, then let's set up a mechanism for Congress to authorize a war that's already under way. Now, the executive branch has come up with "kinetic military action" and doesn't even bother with that the ex post facto permission. The legislative-exutive conflict is understandable given that the Constitution gives Congress the power to declare war but makes the president commander-in-chief. That doesn't mean we haven't reached a dangerous and reckless point.

Comments

Harl Delos
Thu, 06/16/2011 - 6:06pm

John Adams fought France in 1798, authorized by "Act Further to Protect the Commerce of the United States", and terminated in 1800 by the Treaty of Montefortain. It's called the Quasi War. You're calling it minor?

Thomas Jefferson fought Tripoli in the First Barbary War in 1802. You're calling it minor?

James Madison fought Algiers in the Second Barbary War in 1815. You're calling it minor?

James Monroe sent ships to Africa to fight slavers, authorized by the "Act in addition to the acts prohibiting the Slave Trade" and as a result, we established Liberia in 1822. You're calling it minor?

Jimbo Buchanan fought the Paraguayan navy in 1859. I'd agree it's minor.

Approximately 700,000 soldiers died in what the North calls the Civil War and the South calls the War between the States. You're calling it minor?

Woodrow Wilson intervened in the Russian Civil War. You're calling it minor?

Ike intervened in the Lebanese Civil War in 1958. You're calling it minor? Oops. That one happened AFTER Korea.

As I see it, the biggest benefit of a declared war is that you have to declare war *against* a country. When you fight a war against terrorism, you know you've won when they surrender, and you know they've won when you surrender, but without a country as an oppponent, the war can go on forever.

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