Thank you!
Your support is sustaining the future of local news in our communities.

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

Doug Tallamy’s work in progress: saving the planet one backyard at a time

Windacre, a 25-acre property in Millerton will be the site of “Work in Progress,” an afternoon with acclaimed entomologist, New York Times bestselling author and Homegrown National Park co-founder Doug Tallamy.

Provided

For nearly three decades, Doug Tallamy, a professor at the University of Delaware and co-founder of Homegrown National Park, has studied the intricate relationships between native plants, insects, birds and the ecosystems that sustain them. His books, including “Bringing Nature Home” and “Nature’s Best Hope,” have helped shift the conversation about conservation from something that happens primarily in parks and preserves to something ordinary people can practice on the land around them.

On Sunday, Oct. 4, Tallamy will bring that conversation to Windacre in Millerton for “Work in Progress: Toward Native Fields,” an outdoor gathering exploring both the possibilities and the complications of restoring private land for biodiversity.

Keep ReadingShow less
Celebrating Dick Hermans’ life built around community

Dick Hermans in the Oblong Bookstore on Millerton\u2019s Main Street in 1985.

Provided
No matter what I’ve done, I’m trying to be useful to the communities I’m associated with.
— Dick Hermans

When Dick Hermans receives the Estabrook Community Leadership Award on Oct. 11, he will accept it for a lifetime of work that has taken many forms: bookseller, radio host, school board member, advocate for the Harlem Valley Rail Trail, business owner, volunteer and, perhaps most importantly, a person who has consistently looked for ways to be useful to the communities around him.

The Lakeville Journal and The Millerton News will present Hermans with the 2026 award at the annual Jubilee celebration at the Sharon Playhouse. The award honors outstanding leadership in community service and was inspired by Mary Lou and Robert Estabrook, former owners of the newspapers who believed that strengthening a community extended well beyond the work of publishing a newspaper.

Keep ReadingShow less
Tending the Fire: Homelands PowWow brings Mohican culture home to the Berkshires

Members of the Stockbridge-Munsee tribe at Homelands PowWow in 2025.

Joeseph Plante New Media Storytellers
Our goal is to continue building an annual gathering that honors the history, culture and traditions of the Stockbridge-Munsee Band of Mohicans in their original Homelands.


For the Stockbridge-Munsee Mohican people, the Berkshires are not simply a place to visit. They are ancestral homelands.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Ancram Center’s “A Number” doubles questions of identity
Ledbetter (left) and Wojda (right) on the set of “A Number” at Ancram Center for the Arts.
Jeff Mousseau

How would you feel if you found out you weren’t the only you — if there was an exact replica of you? What if you found out that you’d been cloned? Would you believe that you’re the real you? Would you suspect you might be a copy of the original? How could you be sure anything about your life was real? These are some of the questions posed in Caryl Churchill’s play “A Number,” opening at the Ancram Center for the Artson Oct. 1.

Churchill was born in London in 1938 and has been hailed by the theaterl world as one of the strongest voices of her time to take on sexual politics and feminist themes. Her works garner pointedly considered analysis from the highest levels of theatrical intellectualism. Basically, it’s about as far from “The Lion King” as you can get. While she’s experimented with dance theater in the past, “A Number” is much more stripped down, highlighting Churchill’s chosen themes and the skills of both actors on stage.

Keep ReadingShow less

Dispatches from the Farm

Dispatches from the Farm

Adamah Farm crew members planning out the day’s tasks on a late September day.

Janna Siller

“Dispatches from the farm” is a new, periodic column offering a firsthand look at the rhythms, challenges and rewards of farming through the eyes of a local farmer.

The thing about plants is that they can’t get up and move. When a storm like last weekend’s nor’easter threatens to roll through, you can’t just round everybody up and settle them safely on the sofa for movie night.

Keep ReadingShow less
Pinchas Zukerman brings an all-Beethoven program to Hotchkiss

Pinchas Zukerman to perform at Hotchkiss Oct. 4

Cheryl Mazak

The passion, drama and energy of Beethoven will fill Katherine M. Elfers Hall at The Hotchkiss School on Oct. 4, when world-renowned violinist Pinchas Zukerman is joined by pianist Shai Wosner for a special recital.

The 4:30 p.m. program at the Esther Eastman Music Center will feature three of Beethoven’s celebrated violin sonatas: Violin Sonata No. 4 in A minor, Op. 23; Violin Sonata No. 5 in F major, Op. 24, “Spring”; and Violin Sonata No. 7 in C minor, Op. 30.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.