Mr. Speaker, I am not going to take all of the time that is allocated for my Special Order tonight, but I did want to talk about the problem that we are facing in Libya right now. The President of the United States has the authority under…
Mr. Speaker, I am not going to take all of the time that is allocated for my Special Order tonight, but I did want to talk about the problem that we are facing in Libya right now.
The President of the United States has the authority under the Constitution to be the Commander in Chief in the event that we have to go into a military conflict. What the President does not have the right to do is to take us into a military conflict without consulting with the Congress of the United States, unless there is an imminent threat to the United States or an attack on the United States.
The Constitution is pretty clear on this subject. Unfortunately, during the Nixon administration there was some question about whether or not President Nixon exceeded his authority, so the Congress of the United States passed what was called the War Powers Act. The War Powers Act was designed to clarify very clearly for President Nixon and all future presidents the authority granted them under the Constitution in the event that there was to be a conflict.
The President vetoed that bill because he thought it was an infringement. I am talking about President Nixon now. He vetoed that bill because he thought it was an infringement of the constitutional powers of the President. The Congress overwhelmingly overrode the President's veto, and so the War Powers Act became law.
Now, there has been a lot of question from some of my colleagues about the constitutionality of the War Powers Act. I have heard some of my friends in the other body say it is not constitutional. I have heard friends of mine within the House of Representatives say that the War Powers Act is not constitutional. The fact of the matter is it has never been tested in court. It has never gone to the U.S. Supreme Court and, as a result, the War Powers Act is the law of the land. It is the law of the United States of America, and it is intended, as I said before, to clarify the constitutional powers of the President of the United States where war is concerned.
Now, the President of the United States, Mr. Obama, decided that we ought to go into Libya for humanitarian purposes. There is nothing in the Constitution or the War Powers Act that gives him the authority to do that unless he has the express approval and support of the Congress of the United States.
When President Bush was the President and he went into Iraq, he first consulted with the Congress. When he went into Afghanistan, he first consulted with Congress. But President Obama said because of the time elements and the time concerns about the humanitarian problems in Libya, that he had to act expeditiously, and he did not have the time to consult with Congress.
Well, for 2 weeks or thereabouts he had time to consult with the French, the English, the United Nations, NATO, and the Arab league, but he did not have the time to come and talk to the Congress of the United States. So I think that was a red herring. I think the President did have the time, but he chose to move of his own volition into Libya and to put the United States in effect at war again. They say it is not a war, but it is a war. They said it was a NATO operation, but if you look at the facts, you find that the United States is carrying the vast amount of the burden of this war.
Let me give you some figures. These figures are a couple of weeks old, so they could be a little outdated.
First of all, of the number of personnel that has been involved in the Libyan conflict, there are about almost 13,000 military personnel that have been involved. Of that 13,000, 8,500 of them are American military. That is over two-thirds.
When you talk about the number of aircraft involved, there is a total of 309, but 153 of those aircraft are United States aircraft.
When you talk about the number of sorties being flown, that is, military actions taken by aircraft, there have been 5,857 sorties, and over 2,000 of those are with American pilots and American planes. That is almost 35 percent.
Then when you talk about the number of cruise missiles that have been fired, the total is about 246, and of the 246, over 90 percent are America's, 228.
So the President has taken us into war in Libya for humanitarian purposes, he said, without consulting with the Congress of the United States, which in my opinion is a direct violation of the Constitution of the United States and the War Powers Act, and we have spent well over $1 billion conducting this war. They say it is NATO's war. We heard the other day that our NATO allies are running short on ammunition and other military equipment, and they are asking the United States to shoulder more of the burden.
One of my colleagues from Virginia, who sits in the Chair tonight, brought up today that many of the countries in Europe, many of the countries in NATO haven't been paying their fair share of the NATO burden, and it has been falling upon the United States to carry out these NATO operations. That just isn't right.
So this isn't a NATO war, in my opinion. This is an American war, and the President has taken us into this conflict without any consultation with the Congress of the United States.
We have talked about this in our conference, and I won't go into all the details of our conference because I think some of that, if not classified, is something that shouldn't be talked about in the public domain. But what I would say tonight is that we need to send a very strong message to the President that we don't want him to do this again.
Many, myself included, believe we ought to give him a timeline within which to withdraw forces from Libya. I am talking about the people flying the military aircraft, the people on the ships offshore, the classified security people that are inside Libya. They say there are no boots on the ground. I guarantee you there are intelligence officers on the ground directing some of the fire from the air and some of the missile targets.
The cruise missiles that are costing over $1 million per copy, we shouldn't be paying for those with taxpayer money to the tune of, I don't know how many million, but over $1 billion total for the military expenditures, at a time when this country is $1.5 trillion short this fiscal year in money to pay for the country's expenses and over $14 trillion in debt.
This is not the time during the history of the United States that we ought to be looking for a war. There is no question probably that there are humanitarian problems in Libya, but there are also humanitarian problems in the Ivory Coast and Syria and many other countries, and if you are looking for a war of opportunity, I am sure the President can find a lot of places to send our troops.
But the Congress of the United States I do not believe would have given him the authority to go into Libya unless it was a direct threat to the United States. So what did he do? He did it without consulting with Congress; not the Senate, not the House, not with any of us.
Now that we are in there, many people in the Congress feel like we can't summarily withdraw because we will be leaving our allies, the French and the English and others in NATO there, to carry the ball. But as one of my colleagues said today, when we take the oath of allegiance to the Constitution, we don't take the oath of allegiance to NATO. We don't take the oath of allegiance to any other country. It is to the Constitution of the United States, and the Constitution says the President does not have the authority to declare war and go into a combat situation without consulting with Congress.
I am very confident that all of the people in this country, if consulted, would overwhelmingly say the President should not have done that, and he didn't have the authority to do that. Now, I know tomorrow or Friday we are going to have some legislation on the floor that will say very clearly to the President that not only he shouldn't have done that, that it wasn't constitutional, but that he shouldn't do it again.
That is the thing that I am concerned about. The legislation that we are going to have on the floor will confront the President on his ability or his authority to go ahead and do what he did in Libya, but it doesn't say anything about any future expeditions that he may want to undertake.
I really hope that during the debate that takes place tomorrow or on Friday that we make it very clear to the White House and to the President and to anybody at the White House that may be listening to this Special Order tonight that we do not want the President--and if I were talking to him, I would say, Mr. President, we do not want you to take us into a military conflict without consulting with the Congress and without consulting with the American people because the American people and Congress have a right to be involved in the decisionmaking process. Once a war is started, you're the Commander in Chief and you must do whatever has to be done to win that conflict. But you do not have the authority, Mr. President, if I were talking to him, under the Constitution or the War Powers Act. And Friday or tomorrow we need to make that very clear to him so that he doesn't do it again.
There are problems right now in Syria, and a lot of people say there's humanitarian tragedies that are taking place. But that is not a direct threat to the United States. It's not an attack on the United States. And the Congress of the United States should be involved in the decisionmaking process if we were to do something like go into Syria.
And so I hope the President and the White House is getting this message tonight. They may say, Well, that's just Dan Burton talking on the floor in a Special Order. But I have talked to my colleagues on both sides of the aisle, and I think overwhelmingly they do not agree with what the President has done; and overwhelmingly in the Senate I don't believe they support what the President has done in Libya. And I think very clearly they don't want this to happen again.
I believe that most of the Members of both the House and the Senate would like to see us extricate ourselves from Libya as quickly as possible.
With that, Madam Speaker, I would like to say that I have a letter to the editor that I wrote that was in The Wall Street Journal that I will put in the Record, as well as the statistical data that I just mentioned.
[From the Wall Street Journal, June 11, 2011]
The GOP Is Right To Challenge Obama on War in Libya
I am disappointed by your editorial ``The Kucinich
Republicans'' (June 6) questioning the House of
Representatives's rebuke of President Obama's actions in
Libya. I cannot speak for my colleagues, but my opposition to
President Obama's actions is motivated by the Constitution.
President Obama has the authority to manage a war but not
the power to start a war. Article 1, Section 8 of the
Constitution gives Congress the power to declare war, and the
War Powers Resolution was enacted to fulfill that intent,
unless there is: ``(1) a declaration of war, (2) specific
authorization, or (3) a national emergency created by attack
upon the United States, its territories or possessions, or
its armed forces.'' None of these conditions existed with
Libya.
Instead, the president argues he couldn't consult with
Congress because immediate action was needed to protect
civilians from massacre. If true, a surgical engagement in
Libya might be justified. But the president's claim is false.
He spent one month consulting with NATO, the Arab League and
the U.N. Security Council. This fact is inescapable. The
president sought permission from foreign leaders but not the
U.S. Congress. Yet Congress is expected to pay for his folly
even as we strive to cut spending to avoid defaulting on
debts.
On September 11, 2001, our nation was attacked. President
George W. Bush still sought authorization from Congress
before going into Afghanistan. Similarly, President Bush
sought congressional authorization before invading Iraq.
President Bush respected
the authority of Congress and the limitations of the
Constitution. President Obama does not.
The Constitution is not a list of suggestions; it is the
law of the land. If members of Congress do not stand up for
Congress's right to declare war, as enumerated in the
Constitution, who will?
Rep. Dan Burton (R., Ind.),
Indianapolis.