“We Don’t Need No Stinking Constitution”

“We don’t need no stinking Constitution. And we sure don’t need no advice and consent from Congress. National sovereignty? Oh, please! That’s so twentieth-century.” At least that seems to be Barack Obama’s position today.


Obama thumbed his nose at Congress and the American people when he authorized the use of American military assets to invoke a no-fly zone over Libya. If news reports are accurate, Obama called Congressional leaders to the White House Saturday, not to discuss with them the pros and cons of U.S. involvement in the Libyan civil war. No, he called them over to inform them of the decision he had already made to commit U.S. forces to enforce a no-fly zone for the United Nations.

Now, there is no question that Muammar el-Qaddafi is a bad guy. Undoubtedly, the Libyan people will suffer greatly if he remains in power after the recent rebellion against his dictatorial rule. He promised to kill his opponents, and we know his ruthlessness in the past. Many innocent civilians have and will die unless he is removed.

Nonetheless, the United Nations’ resolution to order a no-fly zone over Libya to protect the rebels is a dangerous precedent. Our involvement is militarily unwise, financially disastrous, a threat to our national sovereignty, and constitutionally questionable.

Ohio Rep. Dennis Kucinich declared Obama’s decision an "impeachable offense” because of his failure to consult with Congress or get Congressional authorization beforehand. The Constitution in Article I, Section 8.11 is clear: Congress, not the President, holds the power “to declare war.”

Because of presidential abuses during the Vietnam era, Congress passed the War Powers Act in 1973 to rein in the President. Under it, the President may engage U.S. troops only if the U.S. or its territories are under imminent threat of invasion by a foreign power or if U.S. citizens need to be extracted from an imminent threat in a foreign nation. Otherwise, the President must go to Congress to seek a declaration of war or a Congressional mandate prior to any military action involving U.S. troops. In no case, can the President use the U.S. military if “imminent hostilities” are expected to last for sixty days or more. Some exceptions allow the timeframe to be extended an additional thirty days.

Thus, technically, the President may have the right to engage U.S. forces without any Congressional consultation first under the War Powers Act. It should be noted, though, that many legal scholars consider the War Powers Act itself to be unconstitutional. It has yet to be fully tested in a Supreme Court case.

Obama is the first President to take military action without any consultation with Congress. Every other President, including the Left’s hated George W. Bush, has made his case to Congress and sought advice or a Congressional resolution before sending our military forces into harm’s way.

The irony is that Obama’s previous position was that it is unconstitutional for a President to go to war without Congressional approval. For example, in a December, 20, 2007 interview with Charlie Savage, a Boston Globe reporter, Obama said: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

Savage asked his question specifically in regards to bombing Iran’s nuclear facilities, if needed to stop their development of nuclear weapons. Then-Senator Obama elaborated, “As for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that ‘any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.’”

Today, Secretary of State Hilary Clinton and Vice President Joe Biden enthusiastically support the sending of U.S. fighter pilots on the mission to ground Libya’s air defenses under the War Powers Act. They surely did not believe in it when Bush was President.

Savage asked Clinton the same question during her presidential campaign. Then-Senator Clinton gave a very similar answer to Obama’s regarding the War Powers Act. She supported Obama’s S.J. Res. 23 against bombing Iran without Congressional approval.

In 1998, then-Senator Joe Biden gave an impassioned speech on the Senate floor in opposition to “monarchist” Presidents who sent troops into military actions without Congressional approval. He fully outlined the history and intent of the Founding Fathers regarding the Constitution’s restrictions on presidential powers to make war. In this speech, Biden criticized fellow Democrats President Harry S. Truman for his “police action” in Korea and President Bill Clinton for bombing Iraq under United Nations resolutions.

2011 Fearless Forecasts

Florida, but not Jacksonville, will take a direct hit from a category 3 or higher hurricane.


A major earthquake (6.0 or higher) will rattle a major city on the West Coast.

The Tea Party will strongly influence the Jacksonville city council and mayoral elections. Rick Mullaney will not be our next mayor.

Sarah Palin will decide not to run for President.

Inflation will be above 5% by year-end, primarily due to higher food and gas prices. Gas will be $5/gallon or more.

A second round of foreclosures will cause further declines in the real estate market. Commercial real estate defaults will bring another banking crisis, although not as severe as the last one.

The stock market will decline during the first three quarters but rise slowly in the fourth quarter back to 11,500.

War will break out on the Korean peninsula. China will intervene to stop it.

Israel will take matters into her own hands and strike at Iran’s nuclear production facilities. Obama will be furious at Israel.

Terrorists will hit a train or subway in the U.S.

Osama bin Laden will be captured, thanks to a Special Ops. Unit.

A tornado will hit Godfrey, Brighton or Jerseyville in Illinois.

Hilary Clinton will resign as Secretary of State.

A dormant volcano will roar to life in Europe or Russia.

An earthquake in Afghanistan will kill and injure some U.S. troops, but the subsequent rush to bring aid to locals will help solidify U.S.-Afghan relations with local leaders.

Flooding from Spring runoff in western Colorado or Utah will take out a portion of the old D&RGW rail-line between Denver and Salt Lake City.

Unemployment will stay stubbornly above 9%.

President Obama will announce he will not run in 2012 due to revelations of the Chicago-style corruption throughout his inner circle. Indictments will be expected, if not delivered, by year-end.

Rahm Immanuel, Obama’s former chief-of-staff, will not be elected Mayor of Chicago.

A major art museum will suffer a truly stunning and audacious art heist.

Although Obamacare will not be repealed, Congressional Republicans will be successful in defunding major provisions. Federal courts will continue to hand down mixed decisions on its constitutionality. Eventually, the Supreme Court will declare the mandatory purchase of health insurance unconstitutional but not in 2011.

The news media will be abuzz with the “state nullification” movement as a way of reining in federal power.