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

A life reshaped by clay in “Matin”

Left to right: Hannah Wheeler, Matin Malikzada and Yonah Sadeh.

D.H. Callahan

On Monday, Oct. 26, a group of students, teachers and local residents gathered at the Hotchkiss School in Lakeville for a screening of the new short documentary “Matin.” The film tells the story of Matin Malikzada, a seventh-generation Afghani potter making a new life in New Milford, Connecticut. The film was made by local filmmaker Yonah Sadeh, creator of the Video Wall at the David M. Hunt Library, and Berkshires-based potter Hannah Wheeler, who were both present for the screening, along with Malikzada himself.

As a member of the seventh generation of his family to master the art of pottery, Malikzada had done things the way his family had for over a century. Istalif, the village where his family has lived for generations, was known throughout Afghanistan for its pottery, with wares sent across the country for use as everyday cups, bowls, plates and other vessels. The pottery-making families of Istalif gathered clay from the same mountain, about 30 to 45 minutes away by donkey. Every July, they would head north toward the Uzbekistan border to gather ishkar, a plant they processed by hand to make their signature glazes.

Keep ReadingShow less
Meg Sher finds her calling among the stacks

Meg Sher, executive director of the David M. Hunt Library in Falls Village.

L. Tomaino

When Meg Sher came to Falls Village in 2006 from Old Lyme, Connecticut, where she grew up, she never imagined she’d someday be the executive director of the David M. Hunt Library.

Although, in hindsight, perhaps it makes sense.

Keep ReadingShow less
Crescendo’s 23rd season speaks to the heart and mind

Christine Gevert, founding artistic director of Crescendo, conducts the audience at a performance.

Steve Potter

For Christine Gevert, founding artistic director of Crescendo, music from centuries past is anything but a relic. It is a living, breathing art form, full of drama, emotional complexity and, occasionally, surprises. As the regional choral and period-instrument ensemble launches its 23rd season, Gevert is once again bringing forgotten masterpieces into the present.

“Early Music has been my lifelong passion and the focus of my specialization in Europe and South America,” Gevert said. “Bringing this repertoire to our audiences in a nuanced way that does justice to its incredible depth, intensity, and beauty is deeply important to me.”

Keep ReadingShow less
google preferred source

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

Close Encounters with Music celebrates 35 years of musical discovery

Close Encounters with Music’s 35th season opens with “Saluting the Clarinet” featuring clarinetist Alexander Fiterstein.

Provided

For 35 years, cellist Yehuda Hanani has been inviting audiences to experience classical music in unexpected ways. As founder and artistic director of Close Encounters with Music, Hanani has built a concert series that goes beyond the music itself, exploring connections to literature, history, politics and the human experience.

This year, Close Encounters celebrates its 35th season with “Celebration & Discovery,” a seven-concert series that opens Sunday, Nov. 1, at the Mahaiwe Performing Arts Center in Great Barrington.

Keep ReadingShow less
Shinbone Alley brings spooky songs to Spencertown

Seeing isn’t always believing. Sometimes it’s the lack of a defined picture that can be the most compelling. And when Alex Harvey of Shinbone Alley sings his supernaturally charged sea shanties and street ballads, the unseen will be downright scary. On Oct. 30, the historically inclined storyteller and performer will create a spooky evening of forbidden tales and yarns through a carefully chosen series of songs at Spencertown Academy of Arts.

The repertoire for the performance is a bit fraught. Over the years, Shinbone Alley has explored the world of folklore through music. Though the group usually features two musicians, Harvey, a multi-instrumentalist and singer, will be performing solo. That is, of course, unless you include the spirits.

Keep ReadingShow less
Malian blues and Moroccan Gnawa meet in Sheffield
Vieux Farka Touré
Proivded

Desert winds rarely blow into the Berkshires, but on Nov. 5, they will carry the Malian blues and Moroccan Gnawa music to Race Brook Lodge.

That evening, Malian guitarist Vieux Farka Touré, often called “the Hendrix of the Sahara,” and Moroccan musician Samir LanGus will play at the lodge’s Event Barn in Sheffield, Massachusetts, at a benefit for the foundation Touré directs.

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.