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Paul: Congress Won’t Be Sidelined on Libya

Sen. Rand Paul of Kentucky, a leading GOP freshman and founder of the Tea Party Caucus, tells National Review Online that he will vocally oppose President Obama’s handling of the Libyan conflict once Congress returns next week.

Paul is alarmed at how Obama and his allies have rolled out their war plan. “For a week, this administration indicated that they were not going to do a no-fly zone. Then, when Congress is out of session, all of sudden the war begins,” he says. “We got a note saying, ‘Oh, by the way, we are at war now.’ Nobody really asked Congress to have any participation in the decision-making. That is not what our Founding Fathers intended.”

Legislation, Paul says, may be in the works. “There may be something that comes forward when we come back,” he hints. “There are various ways of addressing this. At the very least, we are going to have a discussion about the president’s own words [from December 2007], that show how he is diametrically going against what he promised as a candidate. We will repeat and recite those words, then let the American people decide.”

In coming days, if the president pushes for ground troops in Libya, Paul is ready to tangle with members of both parties. “The opposition will get much more vocal if [Obama] does that,” he predicts, even though “some in our caucus are big on promoting being involved in a third war-theater, and many of them are not opposed to ground troops.”

“Some people can debate and caterwaul and say that a no-fly zone is not war, but there will not be many people, in and around the country, who believe that putting U.S. troops on the ground is not war,” Paul says. “I can tell you, absolutely, that I will demand a declaration of war on the Senate floor before any troops set foot in Libya.”

Beyond his constitutional concerns, Paul argues that the Libyan conflict is being waged to support a mostly unknown rebel force. “The question is, who are these people?” he asks. “We know how bad the guy in power is, but do we know that these people are not in favor of radical sharia law? Do we know that they do not think that Israel should be wiped off the map? I am always concerned when we are in favor of people who we know nothing about.” George Will, Pat Buchanan, and Sen. Dick Lugar (R., Ind.), he says, have all raised this important point.

Looking ahead, Paul is confident that GOP lawmakers, and members of the Tea Party, will push for more congressional oversight and press Obama on his handling of the conflict. “Even on the Republican side, there are people who are saying, ‘Hey, wait a minute, wasn’t Congress supposed to have something to do with declaring war?’” he says.

While Paul acknowledges that the president can and should act during nuclear or terrorist emergencies, “many of us would like to see a process similar to when we declared war against Japan, where within 24 hours Congress was meeting to vote.”

New on The Corner. . .


COMMENTS   34

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Jon Stuart
   03/23/11 13:08

"Boots on the ground?" We've already had boots on the ground unless those CSAR troops who rescued the downed airmen by riding in on magic carpets.

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Manbearpig5
   03/23/11 13:34

A Senator who considers the Constitutionality of the actions of the President and Congress.

This man is a threat to democracy. Somebody call the NY Times!

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   03/23/11 13:36

Obama is demented - he lets a Democrat Congress dictate the entire substance of his signature domestic proposals, but where the Constitution specifically mandates congressional approval for war, he bothers not even to check in with them.

I'm actually surprised more Democrats are not speaking out about the usurpation of their legislative power.

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   03/23/11 13:48

"do we know that these people are not in favor of radical sharia law"

Undoubtedly some are. Power is lying in the streets. What follows?

That we shouldn't remove Qaddafi? Nope, that doesn't follow. That we should seek an imaginary moral purity in inaction and distance? Nope, that doesn't follow either.

Our interest in removing Qaddafi is doubtless shared by numerous other characters, some savory and some unsavory. The same is true of every action we can take, and of every interest we can have. But if it is in our interests, what do we care? Also, are we supposedly powerless to shape the aftermath, when the rebels cannot win without our military assistance?

Here is the problem I have with the splintering partisan right on this subject. Criticism of how the adminstration is doing this I can agree with entirely, but I expect that criticism to be directed toward fixing their screw ups and achieving success in removing Qaddafi from power. And in shaping the aftermath.

I don't care a lick about Obama or the politics of it; he is a lame duck and dead as a doornail. I do care about the success of American policy, and that is what I expect leaders in my party to be focused on.

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rba
   03/23/11 13:54
   03/23/11 14:14

Mr. Rand is saying all the right things.
Now let us see if his senior colleagues in congress try to silence or otherwise ignore him - as is typical.

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   03/23/11 14:26

And they're on yet another vacation.

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Cata
   03/23/11 14:28

"Here is the problem I have with the splintering partisan right on this subject. Criticism of how the adminstration is doing this I can agree with entirely, but I expect that criticism to be directed toward fixing their screw ups and achieving success in removing Qaddafi from power."

Sorry, but your expectations are incorrect. We on the right should debate the wisdom of every military action and philosophy underlying it, not merely details of surges, rules of engagement etc. I am so glad this debate has finally began.

It might be in our interest to get rid of Qaddafi (it's close to a draw), but once costs of doing so are factored in, it's not worth it.

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   03/23/11 14:34

Words are weighty when one with works. If no works follow, he's just another Washington windbag.

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APK
   03/23/11 14:59

It does not matter if ground troups are deployed or not, bombing another country is an act of war.

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   03/23/11 15:19

So far I like Rand Paul.

"Watch and wait, Mr. Smallweed," my friend Mr. Tulkinghorn used to tell me.

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   03/23/11 15:22

Seriously, if a foreign power imposed a no-fly zone on us, would we somehow not consider that an act of war?

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   03/23/11 15:31

I already posted this comment on the "Killing One's Own," article, but it relates here as well:

I was one of the "guns-blazing" supporters of the war in Iraq and Afghanistan. In hindsight, my opinion has drastically reversed seeing how these conflicts have carried on.

I never bought into the so-called, "faulty intel," argument the Left stood behind. It was weak and altogether false, given the Demwitocrats all supported the war initially, and Iraq did have WMDs, at the very least, the materials to assemble them. (The reporting that our military found substantial caches of yellow cake went largely silent in the press, but the truth did surface for those who cared to listen.)

The problem with our military interventionism is 3-fold:

1) We cannot foster American Democratic ideals in any country.

This is where Bush, and nearly every administration policy after WWII, has gotten it wrong. We should have learned this lesson from our own revolution. It was an idea, a great experiment, unique in history, Divinely inspired, and born out of a series of grievances from the population. The French were instrumental allies, but the French did not waft in on their ships and promote independence amongst the colonies. The American Revolution was an idea, long before it ever became a reality. Smart, reasoned thinkers, argued over our Republic all through the war, and long after. "Spreading democracy," is a false notion.

2) We cannot police the world, we CAN protect our interests (protecting free shipping lanes, allies, etc.).

Following the first point, America cannot interfere (militarily) in the affairs of other nations, no matter how bloody they become, unless that nation is an ally. This second point is the most difficult for me, because no moral person wants to see the wholesale genocide by one of these madmen. Unfortunately, the sad reality is this more common than not. The only interventionist exception to this rule should be undertaken by an equal coalition of freed peoples- that's what the United Nations was supposedly designed for. Americans cannot be the overwhelming force of the operation, precisely because of what we are seeing happen in Libya today. Where is the so-called Arab League who cried out for the "no-fly" zone? They should be at the tip of this sword, not us! As a consequence, we are again used as pawns and scapegoats... the BIG bad USA, tyrannical and imperial.

3) We cannot be mired in never-ending conflicts without a plan of victory.

When we fight a war, we need to fight a war to WIN! What is all this staying around in countries for decades? We need to destroy the enemy entirely, regardless of where they hide, or how many human shields they hold up. War is a serious and unfortunate business, that is why the criteria for getting involved in one must be set VERY high. The POTUS should be made to make the case before the peoples' house, Congress, prior to any war declaration, or military asset being committed- unless there is an imminent threat to the shores of the United States (see War Powers Resolution).

Due to the unique nature of the current bad guy, terrorism, we must have a set policy. If a country harbors terrorists, and we are attacked by them (depending on the degree of attack, or loss of life- a nuclear explosion in an American city, demands an immediate retaliation), we must first allow their government to bring them to justice, and crack down on camps. If the host country is a state sponsor, we hold that government directly responsible. And by responsible, I mean the government is just as culpable for American deaths as the terrorists- this includes the Saudis. In both instances, state sponsored, or not, we must hold the government responsible. No more playing around with these guys. They mean business and so should we.

All that said, Obama's "waiting" for a coalition, was not a strong enough reason to enter Libya. He did not have the approval of the American people, who must always come first. He did not have a strong enough case to embroil our nation in another conflict. Where was the imminent threat to America?

If we handled these guys from a position of strength, if we practiced what we preached, their would be very few "strong horses" in the Middle-East (and elsewhere) looking with "imperial" eyes on the world.

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   03/23/11 15:44

Liberty or Death notes: "If we handled these guys from a position of strength, if we practiced what we preached, there would be very few "strong horses" in the Middle-East (and elsewhere) looking with "imperial" eyes on the world."

This is exactly the crux of it. We must remove the Colonel, because the Colonel removed 190 of our American brothers and sisters on 21 December 1988 and at other times. America has to show the world that we will stand up for Americans. Beyond that, what happens in Libya is no concern of mine.

This presumes, of course, that our President cares about the safety and security of Americans more than he does about looking good to the French and Belgians. Don't bet too heavily on this one...

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   03/23/11 15:45

Whoa, I guess the term "Tea Party" if not the actual movement has been coopted by the likes of Rand Paul.

Of course a Tea Party is an activity, not a group of people, even if some of the people who participated in the activity (doing what, again?) also voted for Rand Paul or others who caucus with him.

But I hope most of the informed and concerned people who were (and will be?) involved in Tea Party rallies are aware that the President is authorized by the Constitution to command the military (that's the Commander in Chief bit.) The constitution grants the funding of Armies (for no more than 2 years at a time) and a Navy to Congress, who has seen fit to keep a standing army for quit some time. While only congress can declare war, the War Powers Act (approved by Congress in 1793) clarifies that the President has 60-90 days in which to act, but that he must notify congress of troop movements into hostile territory within 48 hours.

The only stretch you could make is that it's not clear whether that last clause has been fulfilled, but since Congress has not protested ignorance of troop movements, I'll assume it has been so apprised if any troops are on the ground in Libya.

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   03/23/11 15:49

Can someone offer a theory about how our national interests are served by engaging in military action in Lybia? Put aside any humanitarian concerns. I think I understand the humanitarian element, although I have concerns about how many of the rebels are radical Islamists. What US national interest is served? Not saying there are not any, but I can't think of any.

This is not a rhetorical question. I am interested to hear someone put forth an idea.

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   03/23/11 15:54

A "Declaration of War" has more to do with the powers granted to the president, etc. than with the act of blowing things up, killing people, or deploying troops.

It's not as relevant to who you're attacking, as to the internal political & legal system of the United States.

It signals the ability to set up military tribunals, declaration of martial law, conscription, spending without budgetary constraint, nullification of treaties, calling of alliances, etc.

Be sure you know what you're getting when you ask for it.

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   03/23/11 15:57

An "act of war" is clearly different than a "Declaration of War".

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   03/23/11 16:22

The War Powers Act of 1973 states that the President can use US military force for defensive action for 60 to 90 days without congressional approval and must inform congress within 48 hours.

Are we defending ourselves from Lybia?

I think a better use of the War Powers Act right now would be to secure the Mexican border.

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   03/23/11 16:26

Doctor Rob,

Oh, I agree with you; however, that ship sailed long ago. We should have taken him out years before now. Heck, he was roaming around NYC a few months back! It is a disgrace that this guy is still around, but this current fight is not ours. Qaddafi is a terrorist, but launching us into another war, a civil war, (when we are still committed in 2 others) for something that happened 20+ yrs. ago is a little late in my estimation.

That sounds like a job made for a well placed special forces/CIA operative to me.

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