“I am not going to recommend that the House Judiciary Committee hold impeachment hearings, but I would like members of Congress and the public to say that nothing would be more impeachable than a President who takes the country to war without coming to Congress, who does it unilaterally,” Fisher told CNSNews.com’s Online With Terry Jeffrey.
On March 19, President Barack Obama ordered the U.S. military to take actions against the Libyan regime of Muammar Gadhafi.
The day before that, Obama had given a speech stating that a resolution passed by the U.N. Security Council on the previous day that authorized the use of military force in Libya would justify U.S. action there.
“Yesterday, in response to a call for action by the Libyan people and the Arab League, the U.N. Security Council passed a strong resolution that demands an end to the violence against citizens,” said Obama. “It authorizes the use of force with an explicit commitment to pursue all necessary measures to stop the killing, to include the enforcement of a no-fly zone over Libya.”
In his March 19 speech informing the American people that he had ordered military action in Libya that was already taking place as he spoke, Obama said he was taking the action to defend the “writ of the international community.”
“So we must be clear: Actions have consequences, and the writ of the international community must be enforced,” said Obama. “That is the cause of this coalition.”
Fisher, whose book Presidential War Power is a definitive scholarly account of the drafting of the constitutional war power and its historical interpretation and implementation, scoffs at Obama’s argument that the United Nations, which the U.S. joined through a treaty ratified by the Senate, can usurp the war power the Constitution gives to both houses of Congress.
“He said I have authorization from the Security Council. It is not authorization under U.S. constitutional law,” said Fisher.
“First of all, I would like to make it clear that in the U.N. Charter, you cannot have the president and the Senate through the treaty process--the UN Charter or NATO--you cannot have those two actors take the power of Congress and the House of Representatives and give it to either the Security Council or to NATO countries,” said Fisher.
“And I think even people who read presidential power broadly know that that is not possible,” he said.
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