Remember the U.S. professor that wanted Bush Jr impeached? Probably not. Now Professor Francis Boyle wants Obama impeached. It’s basically for the same reason, war mongering and war crimes and failing to get congressional approval.
The problem is that the calls for impeaching Obama are faulty, because they claim Obama violated the U.S. Constitution by not getting the permission of Congress. Reality check here, the President of the U.S. does NOT need the consent of Congress to send in military forces; it’s called the War Powers Act!
In my college days I was amazed how many Political Science students were ignorant of this fact (including graduate students). The War Powers Act (aka War Powers Resolution of 1973) gives the President authority to sends troops anywhere in the world WITHOUT concessional consent. The President simply has to make periodic progress reports to Congress, to avoid being impeached.
The Act was created after President Johnson (also a Democrat) failed to get congressional approval for going to war in Vietnam, but sent U.S. troops in anyway. President Johnson increased U.S. forces in Vietnam, WITHOUT a congressional declaration of war. That’s right, the ten years we were in Vietnam, it was never an officially, congressionally declared war! By the way, check the history of war carried out by the U.S., you could be surprised how many were never congressionally declared.
Many sources, on the internet (Even the information on WikiPedia is faulty), and college professors, incorrectly state that the War Powers Act prevents the President from sending troops to war. No it does not! It prevents the DECLARATION of war without the consent of Congress. It is legalese that actually makes it easier for the President to send troops into COMBAT.
Here’s the basic rules of the War Powers Act: President notifies Congress within 48 hours of military action (at this point Congress has no say). After 60 days the President makes a progress report to Congress. If Congress doesn’t agree with the President, they can try to hold a vote to order troops out. If there is no resistance from Congress, the President is simply required to make periodic progress reports.
Another misunderstanding is the belief that Congress needs to “approve” the military action. Historically, as long as Congress does not “oppose” the military action, then the president is off the hook. Not ‘opposing’ the action is not the same as ‘approving’ the action.
Historically, Congress going against the President is a rare occasion. It happened under President Clinton, after the fiasco in Somalia. It’s funny that right wingers accuse Clinton of being weak, but it was actually the Congress that used the War powers Act to override Clinton and pull out the troops.
Bottom line; the President actually has 60 days to do what ever in regards to military action anywhere in the world. Then the President must convince Congress that the action is justified, or at least prevent members of Congress from opposing it. Historically Congress doesn’t counter the President.
If you’re looking to impeach the President, stop trying to use the War powers Act, it actually supports the President.
