Obama war in Libya is illegal

NATO announced that the Libyan intervention will be extended for another three months. So what President Obama said would be a matter of days, not weeks, will in fact last many months. It’s safe to assume that Western powers will be meddling there a year from now.One thing we know for sure, however, is that the U.S. intervention is doubly illegal. Obama had no legal authority to enter the war, and given that he entered it anyway, the 1973 War Powers Resolution required that on May 20, 60 days after the intervention began, Obama either procure authorization from Congress or cease all operations.He asked for a resolution, but Congress has not complied. In fact, a bipartisan move is afoot to demand withdrawal from Libya. The Republican leadership blocked that resolution from a vote. So Obama is prosecuting a war without congressional approval beyond the 60-day limit. That’s illegal.The founders of this country were concerned about warmaking. Thus, the Constitution gives only the Congress the power to declare and appropriate money for war. But since 1942 no president has asked Congress for a declaration of war. (Blank-check “authorizations” don’t count.) The War Powers Resolution was a half-hearted attempt to restore some measure of congressional authority over warmaking. But no president has accepted it, and members of Congress generally have been scared to resist a president.So presidents have repeatedly gotten away with lawlessness. As Glenn Greenwald notes, that does not make new violations lawful.Under the War Powers Resolution a president can commit troops to combat on his own say-so only in “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” Thus the Libyan intervention is illegal.What does the administration say? “[The] president had the constitutional authority to direct the use of force in Libya because he could reasonably determine that such use of force was in the national interest,” a Justice Department Office of Legal Counsel memorandum states.In other words, if a president judges a military operation in the national interest, he may on his own commit forces.The only problem is that the War Powers Resolution forbids that.What about the 60-day rule? According to the New York Times, “Administration officials offered no theory for why continuing the air war in Libya in the absence of congressional authorization and beyond the deadline would be lawful.”The closest we got to a justification came from Jay Carney, the press secretary, who said that the commentary about the resolution “could fill this room, and none of it would be conclusive.” Even if that were true, the interests of the American people demand a presumption in favor of dispersed, rathen than concentrated, power.The Times quoted the Harvard Law professor Jack Goldsmith, who ran the Office of Legal Counsel in 2003 and 2004, on the unprecedented nature of Obama’s action: “There may be facts of which we are unaware, but this appears to be the first time that any president has violated the War Powers Resolution’s requirement either to terminate the use of armed forces within 60 days after the initiation of hostilities or get Congress’ support.”Some of the president’s allies argue that that the resolution doesn’t apply because deadly drone attacks (which have killed noncombatants) and the U.S. supporting role for NATO don’t constitute warfare. But Secretary of State Hillary Clinton recently said, “Even today, the United States continues to fly 25 percent of all sorties. We continue to provide the majority of intelligence, surveillance and reconnaissance assets.”That looks like war.Some may wonder why Obama didn’t ask Congress for authorization, since he could surely have gotten it. Greenwald knows why: “The Obama White House is simply choosing not to seek it because Obama officials want to bolster the unrestrained power of the imperial presidency entrenched by [the Bush administration].”It would behoove Obama to heed his own the words, spoken when he ran for president: “No more ignoring the law when it’s inconvenient. That is not who we are.… We will again set an example for the world that the law is not subject to the whims of stubborn rulers.”We’re waiting, Mr. President. Sheldon Richman is senior fellow at The Future of Freedom Foundation (www.fff.org). 

Latest News

Barbara Meyers DelPrete

LAKEVILLE — Barbara Meyers DelPrete, 84, passed away Tuesday, Sept. 30, 2025, at her home. She was the beloved wife of George R. DelPrete for 62 years.

Mrs. DelPrete was born in Burlington, Iowa, on May 31, 1941, daughter of the late George and Judy Meyers. She lived in California for a time and had been a Lakeville resident for the past 55 years.

Keep ReadingShow less
Shirley Anne Wilbur Perotti

SHARON — Shirley Anne Wilbur Perotti, daughter of George and Mabel (Johnson) Wilbur, the first girl born into the Wilbur family in 65 years, passed away on Oct. 5, 2025, at Noble Horizons.

Shirley was born on Aug. 19, 1948 at Sharon Hospital.

Keep ReadingShow less
Veronica Lee Silvernale

MILLERTON — Veronica Lee “Ronnie” Silvernale, 78, a lifelong area resident died Tuesday, Oct. 7, 2025, at Sharon Hospital in Sharon, Connecticut. Mrs. Silvernale had a long career at Noble Horizons in Salisbury, where she served as a respected team leader in housekeeping and laundry services for over eighteen years. She retired in 2012.

Born Oct. 19, 1946, at Camp Lejeune, North Carolina, she was the daughter of the late Bradley C. and Sophie (Debrew) Hosier, Sr. Following her graduation from high school and attending college, she married Jack Gerard Silvernale on June 15, 1983 in Millerton, New York. Their marriage lasted thirty-five years until Jack’s passing on July 28, 2018.

Keep ReadingShow less
Crescendo launches 22nd season
Christine Gevert, artistic director of Crescendo
Steve Potter

Christine Gevert, Crescendo’s artistic director, is delighted to announce the start of this musical organization’s 22nd year of operation. The group’s first concert of the season will feature Latin American early chamber music, performed Oct. 18 and 19, on indigenous Andean instruments as well as the virginal, flute, viola and percussion. Gevert will perform at the keyboard, joined by Chilean musicians Gonzalo Cortes and Carlos Boltes on wind and stringed instruments.

This concert, the first in a series of nine, will be held on Oct. 18 at Saint James Place in Great Barrington, and Oct. 19 at Trinity Church in Lakeville.

Keep ReadingShow less