Obama: I Need No Congressional Approval To Go Back To War In Iraq

President_Barack_Obama220px-B-2_spirit_bombingWe have been discussing the growing concerns over President Barack Obama’s series of unilateral actions in ordering agencies not to enforce law, effectively rewriting laws, and moving hundreds of millions of dollars from appropriated purposes to areas of his choosing. One of the greatest concerns has been his unchecked authority asserted in the national security area. I previously represented members of Congress in challenging Obama’s intervention in the Libyan civil war without a declaration from Congress. In the case, President Obama insisted that he alone determines what is a war and therefore when he needs a declaration. Since the court would not recognize standing to challenge the war, it left Obama free to engage in war operations in any country of his choosing. As with his approach in Libya, Syria and other combat operations, President Obama declared this week that he does not need any approval or even consultation with Congress if he decides to commit us again to war again in Iraq.

As in the past, Democrats are not just silent but actually applauding the circumvention of Congress — a precedent that will likely come back to haunt them if the next president is a Republican. House Democratic leader Nancy Pelosi of California said that the President does not need congressional approval to do go back into combat and then matter-of-factly that in their brief conversation, the President “did not give us an array of actions he was planning to take.”

While we do not expect combat troops on the ground, the White House appears to be exploring an intervention with air power and possible special forces. The White House simply told Congress and the public to trust their uber president: “Any action that he might contemplate when it comes to … the use of military force will be to deal with the immediate and medium-term threat posed by ISIL.”

I recently testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. Obama has repeatedly suspended provisions of the health care law and made unilateral changes that were previously rejected by Congress. He has also moved hundreds of millions from one part of the Act to other parts without congressional approval. Now, his administration is reportedly changing key provisions of the ACA to potentially make billions of dollars available to the insurance industry in a move that was never debated, let alone approved, by the legislative branch. I just ran another column this month listing such incidents of executive over-reach that ideally would have included this potentially huge commitment under Obama’s claimed discretionary authority.

This week I debated the head of the Brennan Center at New York University on Obama’s unilateral actions and the dangers that they pose on the PBS program Newshour. While my co-guest repeatedly insisted that he is “not troubled” by the concentration of authority in the presidency, I again believe that Democrats will long regret that they support the rise of this uber presidency:

357 thoughts on “Obama: I Need No Congressional Approval To Go Back To War In Iraq”

  1. Paul C. Schulte
    Jill – I would posit we are at war IN Iraq not with Iraq
    = = =
    Ever been a target of a drone strike?
    Live in a city where it is being targeted?
    Then HOW can you say this war isn’t about the country we’ve been occupying for 12 years now. It isn’t about that country but it is just some scenery to have a war IN? WTF???

  2. Jill: “We have not stopped being at war with Iraq.”

    You have a very broad definition of “war”. See http://iraq.usembassy.gov/american-iraqi.html for the various areas we’ve been cooperating with Iraq.

    We haven’t been at “war” with Iraq since the regime change of 2003.

    Instead, we’ve been conducting post-war peace operations (ie, the full spectrum of security, stabilization, civil and economic infrastructure, humanitarian aid, etc) with Iraq. Between the end of Saddam’s regime in 2003 and our departure of forces in 2011, we defended Iraq and the Iraqi people in order to secure and build the peace in Iraq.

    While our military mission in Iraq was ended prematurely in 2011, other areas of cooperation have continued. The necessary condition to build the peace in all areas is security and that does require security people to varying degree depending on the danger. And right now, the danger threatening the peace in Iraq is urgent.

  3. Obama was forced to “leave” Iraq because of the prior negotiation with the Iraqi government by Bush. However, he did not want to leave and in fact, he actually did not leave. A number of special forces and contractors remained in Iraq after the supposed withdraw under the Dept. of State. We have not stopped being at war with Iraq.

    Now Obama figures he can go public with the war he has never stopped conducting in Iraq. Each and every Congress member should be screaming about it, whatever their party. The fact that we see a Congress united in ceding power to a lawless president should be clear evidence that there is complete collusion among the most elite political members of this nation. They do not uphold the Constitution, they do not work for the people of the US.

    Citizens need to wake up to this painful reality and start peacefully protesting. At the “World Can’t Wait” you can update on protests around the country.

  4. OK I used hyperbole regarding the bike. If one would drive around in my county one would see a plethora of SUVs, big ol’ gas guzzling behemoths. How about a nice little car with excellent gas mileage?

  5. Annie – how well does that bike riding work in WI in the winter?

  6. Annie, For the record we agree on the endless war thing. I am not for it. I was for taking out Saddam but then wanted to get the hell out.

  7. Annie, I know you won’t believe me, but solar, wind and my bike don’t address base load electricity issues. Coal, NG, Oil, Nuke and hydro are the only sources that do and the environmentalists are against all (even solar and wind) in some way or another. So we go to war.

  8. The annexation of Iraq. Thinking out of the box…..Add a 51 first star to the USA flag.

    That’s right. Take it. Drown them with strip clubs, casinos, bowling alleys, football, baseball, basketball, hockey stadiums, dope and booze.
    And rename it Babylon. And tax them. Send in Hillary to govern this oil rich kingdom.

    USA, USA, USA.

    1. Roy – I have sometimes thought the best thing we could do is annex Mexico. It would help their economy, raise their standard of living, improve their highways and we could get Coke with real sugar again.

  9. Solar, wind turbines, ride yer damn bike. Alternative sources to fossil fuels.

  10. Jim, when I use the term “child”, I don’t mean a juvenile, as you probably know. If you want endless wars, you will need fresh troops. Our voluntary military has been overused in our wars of choice, hence PTSD, record high suicide rates, substance abuse in veterans, etc, etc. our voluntary military are NOT meant to be used as mercenaries.

  11. Annie, The military is voluntary. The “children” do not have to join. As a volunteer fireman, I don’t get angry at people for getting into accidents or having their house catch fire, I just do what is required to help. As long as the policies you love like blocking fracking, blocking Keystone or the war on coal, it will be about oil. Reap your harvest on that one.

  12. saucy – I am well aware there are a bunch of factors in the failing of the Soviet Union. However, most of them go back to the primal cause, they could not keep up financially.

  13. Paul write “we spend them into the ground”

    Then why is NK still around? Their economy is much worse than the USSR’s ever was.

    You really need to read some European sources on the end of the Cold War. Der Spiegel (http://www.spiegel.de/international/) had many recent articles discussing all of the important events:
    “Winds of Change from the East: How Poland and Hungary Led the Way in 1989”
    “Hungary’s Peaceful Revolution: Cutting the Fence and Changing History”
    “The Kremlin Minutes: Diary of a Collapsing Superpower”

  14. Paul, those who take sending our troops into wars of choice so lightly, show a callous disregard for the lives of our own countrymen and women. Military members are human and they are someone’s child. Wars of choice are immoral, shameful, destructive. Want endless wars, reinstate the draft so your own children have an equal chance of being sent into a war zone because of someone’s greed for oil.

    1. Annie – I am an advocate of Robert Heinlein’s Universal Draft as seen in Starship Troopers. Everybody goes or you lose your citizenship.

Comments are closed.