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Moral and Legal Authority
A government with moral and legal authority promulgates written rules and universally, impartially and uniformly enforces the rules, which provides a predictable and stable legal order on which to base economic and personal decisions. The law prevails, not the proclamation or arbitrary decision of a ruler, government bureaucrat, the enforcer (e.g., policeman) or judge.
After a month of dithering on Libya, on March 15th President Obama summoned his national security team and demanded: “I want to see all of the options.” Subsequently, President Obama ordered top officials to gain the approval of the United Nations, a couple of European nations, and the Arab League. A White House official revealed the importance of the prior approvals: “Building the international coalition was vital for the president, it was a threshold question,” said a senior administration official, on condition of anonymity.
Subsequently, President Obama, without consulting or seeking the approval of Congress, ordered American forces to bomb Libya.
Annoyingly, only Congress has the power to declare war. Article 1, Section 8 of the Constitution of the United States, confers the power to declare war to Congress - not the President.
Worse, President Obama knows he has violated the intent of the Constitution – to restrict the power of the president to launch a war. CNSNEWS reports on an exchange in 2007 between Charlie Savage of the Boston Globe and Obama about the president’s authority to bomb Iran. Then Senator 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,” Obama responded.
Now, President Obama claims the “core principle” of international approval is more important than the United States Constitution and the rule of law. Real Clear Politics reports:
"The core principle that has to be upheld here is that when the entire international community, almost unanimously, says that there is a potential humanitarian crisis about to take place, that a leader who has lost his legitimacy decides to turn his military on his own people, that we can't simply stand by with empty words, that we have to take some sort of action. I think it's also important to note that the way that the U.S. took leadership and managed this process ensures international legitimacy and ensures that our partners, members of the international coalition, are bearing the burden of following through on the mission as well. Because, as you know, in the past there have been times when the United States acted unilaterally or did not have full international support, and as a consequence typically it was the United States military that ended up bearing the entire burden.”
President Obama is clearly stating that the approval of a few European nations, the United Nations, and the Arab League, is more important than upholding the Constitution of the United States.
President Obama has knowingly and willfully violated his oath of office. I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
President Obama has violated the Constitution and rule of law:
A magnificent America asset is our adherence to the rule of law. Written rules, universally applied and enforced, protect people and their property. The guarantee of the rule of law allows everyone to confidently exchange ideas, goods and services. Americans and the people of the world trust America’s stable and predictable legal order. Pursuant to written and transparent rules, America strives to treat everyone equally under the law. This is the reason the dollar is the world’s currency, and Americans and foreigners invest in American bonds, equities and land. America is exceptional and the strongest country in the world because America honors and adheres to the rule of law.
Reprehensibly, President Obama has unilaterally directed the bombing of Libya, which will cost billions. This is wrong, but the egregious wrong is his proclamation to the world, that this President and America do not follow their own rules.
Every violation of America’s duly promulgated written rules, weakens everyone’s respect and expectation for a stable and predicable legal order. President Obama and Congress have repeatedly violated the rules they have sworn to uphold, thus eroding confidence and respect for protection under the law – America’s greatest asset and contribution to human freedom.