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If the War Powers Act becomes moot, don`t blame Barack Obama, say the editors of the Chicago Tribune today. In place to curb abuses of office from the executive, the legislature not only has to return laws but also enforce them.
And so far, they`re not impressed with the Washington Way in Chi-town:
Obama is on the horns of a dilemma. As a candidate, he said the chair does not cause the ability to go to war on his own except in cases of real or potential attack. But if he were to ask Congress to clear the Libyan intervention, he would likely be rebuffed. So he`s chosen to just cut the law.
But ignoring laws is not what presidents call to do when they are sworn in. Unless Obama wants to hold the type that it`s unconstitutional, as some experts think, he should act (belatedly) to watch it or explain why the Libya operations don`t qualify. The latter would be a stretch, but maybe Defense SecretaryRobert Gates wants to expand on his hypothesis that Libya is merely a "limited kinetic action," not a war.
Still, the error here is not all Obama`s. He has cause to believe a chair can get by with taking unilateral military action, since Congress is usually reluctant to object. It`s easier for lawmakers to carp than to choose process that involves shouldering responsibility for the ensuing outcome.
Congress has another job that the Tribune doesn`t address, which is the law itself. Neither the executive nor legislative branches have been especially eager to try the constitutionality of the WPA in the courts. Congress has mainly found it better to guess that it`s constitutional but not press the notion, and Presidents to make it isn`t and not promote the notion. It`s similar to the approach taken by both on executive privilege, and for the like reason - neither wants a precedent set. It allows for much more flexibility in negotiations.
Obama`s action threatens to overthrow this balance, but only if Congress decides to hold Obama accountable under the law. It`s ironic, of course, that the first legal challenge to the WPA may come as a consequence of a Democratic President`s intransigence on seeking Congressional approval for a military adventure after the same man criticized his predecessor for adventurism that had Congressional approval, but that`s the Chicago Way. The Tribune would wish to see Congress have a varlet from Obama`s playbook and make him accountable. We`ll see whether Harry Reid thinks that`s as hard as producing a budget.
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