The 1973 War Powers Resolution was passed during the era of the Vietnam War to set out the powers of the president and Congress regarding U.S. military actions. It prohibits U.S. armed forces from being involved in military actions for more than 60 days without congressional authorization.
It seem that there actually has been some discussion about the “Kinetic Military Action” ongoing in Libya.
President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.
One quote struck me in particular:
“It should come as no surprise that there would be some disagreements, even within an administration, regarding the application of a statute that is nearly 40 years old to a unique and evolving conflict,” Mr. Schultz said. “Those disagreements are ordinary and healthy.”
Damn them old laws!
If simply calling something “unique and evolving” means an old law doesn’t apply is that The Benchmark now?
I won’t argue that there aren’t archaic and outdated laws on the books here and there, but this standard is more than a little troubling. The 21st century is unique and evolving compared to back around 1776.