Ron Paul believes Libya intervention an impeachable offense.

I really don't think Congress can prosecute any-kind of impeachable offense, because of the exclusion of any "Air Power," which is plainly NOT in the U.S. Constitution, thusly could be considered an explicit-power (discretionary,) of the POTUS.

Referenced section is as follows:

ARTICLE 1, SECTION 8

The Congress shall have Power:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Note there isn't any mention of ANY "Air Force or Power;" perhaps there should be an amendment to include it?

But, the lack of any "Air Force or Power," of Congress could validate the Executive argument to the converse?

I defer to interpret the U.S. Constitution literally, at this point, since the only avenues of war, at the time of its genesis, were indeed land or water. If one were to literally read-into the great document, the necessity of amending it to include "Air" would seem very important. This would make "No-Fly" zones very convenient to enforce if the argument weren't taken into consideration, at the very least.

Even the "War Powers Act of 1973" probably would not apply, since any air forces could deploy and return before 48 hours is reached, thus negating the requirement to give notice to Congress. It would seem with the current "status-quo," the "zone of concurrent" powers remains intact, with possibly one side being unable to act or be viewed as "expressly limiting" the powers of the Executive Branch.

Neither side would be at fault, but any litigation could prove unfruitful by intention alone and force neither to act.

Comments are welcome and appreciated if any-part of the above is inaccurate or not factual. Please correct, if you like to engage-in vigorous discussion about government and its powers.

Enjoy!

And this, as it has been for decades, is indeed in the hands of the politicians and bureaucrats.

reply to post by bozzchem

The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war
.

I'm guessing this is what allows him to do something in Libya, but I could be wrong. I didn't know it passed even with a veto from Nixon...

reply to post by ResearchMan


How much of everything congress has done is impeachable? Should we make a list?