OBAMA CONSULTED THE U.N., NOT THE U.S. CONSTITUTION BY LAUNCHING ATTACK ON LIBYA
April 13, 2011
Dear Editor:
The following letter was sent to U.S. Congressman Tom Graves, who represents the Ninth District of Georgia.
Representative Graves, by FAX:
I wish to speak to the original Constitution. It is a wonderful document; now seldom used but still viable. I am in good company with the original Constitution as Justice Scalia is also a big fan, even using the very same Federalist published by Penguin Classics for reference, as I do. Bad precedent, heaped on bad precedent has resulted in constitutional law that doesn’t even have a resemblance to the original constitution; consequently the United States has no semblance to what the Founders envisioned it might be.
It is time to stop this run from the law of the Constitution, or else. The or else being a run off the precipice to join Argentina, or worse.
So the executive has usurped the power of the legislative, yet again, to continue, apparently, an unending chain of transgressions to the enumerated powers clauses of the U. S. Constitution.
Missile attacks by the United States on the sovereign country of Libya are an act of war. The United States attack was with permission of the United Nations, they say. However United Nations agreements, directives, and resolutions do not trump the U. S. Constitution whereby the enumerated powers clauses are quite specific in that congress shall declare War.
The POTUS used the War Powers Act to justify his unconstitutional actions. Art VI of the Constitution states that the Constitution and laws made in pursuant thereof are supreme. The War Powers Act gave power to declare war to the executive which is not in pursuant of the Constitution.
Secy. of Defense Gates was consulted and is opposed to this action. SOS Billery, Ambassador Rice, and National Security Council (secy?) Samantha Powers were consulted before the decision was made. However, neither the House nor Senate Armed Services Committees were consulted. This is arrogance, bad judgment, unethical, frightening, and a high crime and misdemeanor all rolled into one.
This is just one of what some say is 25 while others say is in excess of 50 impeachable offenses that have been committed by the POTUS. The offense of declaring war should be the impetus you need to file articles of impeachment. The executive is out of control and it is the responsibility of the House to file Articles of Impeachment.
Or, if you are shy of filing Articles of Impeachment consider that the sitting POTUS, who has questionable credentials himself, has established a shadow government of numerous departments headed by multiple czars of questionable ethics and political orientation. Consider that the following non-inclusive un-constitutional functions of government are run by the executive to the exclusion of congress: environmental protection, federal communications, education, health insurance, nationalized industries, etc. This shadow government operates on un-constitutional executive orders, establishing its own laws outside of and in lieu of the laws enumerated to the legislative.
The Department of Justice, on directions of the POTUS files what charges, bogus or otherwise and in whatever venues it chooses, drops those cases that doesn’t suit it, and honors only those judgments that will not hamper the function of the executive and of course ignores the others and the Law of the Constitution and usurping the balancing power of the judiciary in the process.
All of this is an act of War against the United States with the sole purpose of a final and total takeover of the balance of power established by the Constitution. This is treason. If you are shy of impeachment then you must file charges of treason.
You have a fiduciary duty as a Representative of your constituents, of which I count as one, to defend the Constitution, according to the oath you swore when you took office; the original Constitution according to the law of the Constitution.
For the Republic,
M. J. Blanchard
cc: media
grassroots
Broun
Scott
Woodall
This was a relatively big effort and nothing came of it. What I took away from it was that the GOP did not want to challenge PBO’s moves because they want that power in place when they take the presidency in 2012.
Two halves of one party.
The two party system is long dead!
This was the first in a series of three letters, same subject.
I did more looking at the War Powers Act after this letter and found the fine print that allowed PBO to go to war in Libya. The War Powers Act was put in place as yet another smoke screen to appease the serfs. The “purpose” of the Act, quoted above, is fine, but the details give the executive great latitude when engaging in war.
Grave’s rationale’ for supporting PBO came from the 2002 memo by then Deputy Assistant AG John Yoo, author of the Torture Memos, and great advocate of unlimited executive powers. Graves will neither challenge PBO on this issue or vote to defund the war effort in Libya.
The high point in this whole fiasco, if there is one, for District 9 Georgia folks, is that Steve Tarvin has assured me that he will run again. This time we need to get behind him and get him elected!
“I did more looking at the War Powers Act after this letter and found the fine print that allowed PBO to go to war in Libya… The ‘purpose’ of the Act, quoted above, is fine, but the details give the executive great latitude when engaging in war.”
What “fine print” would that be? I don’t see any. The War Powers Act only allows the President to introduce our armed forces into “hostilities” under three specific and clear circumstances: (1) a declaration of war by Congress, (2) specific statutory authorization from Congress, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
How does that constitute “great latitude” for engaging in war by the President? That seems like quite “limited” latitude to me. The only time the President can act prior to receiving congressional authorization is if our country or armed forces have been attacked. He then has 48 hours to respond to Congress in writing explaining why the immediate military action was necessary, constitutional, and legal (Sec. 3 & 4). Moreover, Congress has the legal authority to demand an end to the military action at any time it so directs:
“(c) Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.” (Sec. 5)
The fact is, the Congress of the United States is complicit in Obama’s crime, and is abdicating its constitutional responsibility by allowing the Libya campaign to proceed in the manner it has!
While I agree with the primary point of this letter, Mr. Blanchard is simply wrong when he writes,
“The POTUS used the War Powers Act to justify his unconstitutional actions. Art VI of the Constitution states that the Constitution and laws made in pursuant thereof are supreme. The War Powers Act gave power to declare war to the executive which is not in pursuant of the Constitution.”
However, the War Powers Act does not give “power to declare war to the executive,” but rather upholds “the intent of the framers of the Constitution” (Sec. 2a), by reserving that authority to Congress alone:
“The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” — War Powers Resolution, Sec. 2 (c)
But this hardly exonerates B. Hussein Obama of his crime. Notice that it is only option (3) that allows the President to introduce our armed forces into “hostilities” prior to receiving congressional approval (either by a “declaration of war” or “specific statutory authorization”). And since Obama’s decision to attack Libya is not in response to “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces,” he is flagrantly violating standing U.S. law — plain and simple. While some dishonest people may want to play silly word games, arguing that our military operations in Libya do not constitute “war,” by no stretch of the imagination can they legitimately maintain that they do not constitute “hostilities,” while we are launching cruise missiles and dropping bombs on the Libyan forces. If the current Republican controlled House refuses to draft articles of impeachment over this clear usurpation of power and violation of the law, then we are truly no longer a “constitutional” republic!
I also live in the 9th District of Georgia, and I’ll bet that Tom Graves will do nothing. I have written both of my Georgia Senators, and they send out the same form letter, His Birth Certificate is posted on the WEB. What a bunch of crap. Does everyone in Washington DC live in fear of the usurper??
Nice letter…but Obama is impeachment proof. No action by Barry IMO will ever result in his impeachment. The reason is Barry knows, and can provide proof that many members of Congress knew before the 2008 election, that he was not Constitutionally eligible, but they forged right ahead and covered for Barry to usurp the presidency.
Congress must begin the impeachment process, and they never will because if Barry is impeached Congress fears he, or the impeachment process itself, will reveal to all the complicity of many in Congress and they would be marched off to prison with him for the massive fraud/scam they pulled on America.
I agree with this letter and the author MJ Blanchard. We need our Laws and Constitution followed .We the people have had enough of this blatant disreguard for the oath of office that all are sworn to in Politics.To up hold and defend and protect the Constitution from Foregin and Domestic assult . It is way past time to start impeachment proceedings .And high time for true justis to be done on Her behalf.