Over on Slate.com, Weigel argues that Barack Obama needn’t have sought congressional approval for the military intervention in Libya because the Congress (or some of its leadership, minus Kucinich) doesn’t mind the fact that he didn’t seek their consultation and approval.
My expertise in law and international law is limited (I’m not a lawyer), but from the cases I’ve studied, it seems to me that this argument holds a grain of truth. The Supreme Court has at times found that where the Congress abdicates its power to the executive relative to foreign policy, the president can exercise that power. So basically as long as the Congress doesn’t mind, it’s OK. Plus the War Powers Act stipulates only that the president notify Congress of military action within 48 hours of the commencement of that action, which Obama did.
That said, I wish Obama had consulted with and sought congressional approval before intervening in Libya. This could have been as simple as asking Congress to give him permission to take all necessary action to execute UN resolutions relevant to the Libyan situation. But he didn’t, and this is now very much Obama’s war, and his alone.
Civil Minded 