Panetta says that the U.N. and the international community trumps Congress to declare war….

If anyone is naive enough  at this point in time to not believe this administration is trying to violate the Constitution then we are indeed in a sad state. Obama and his hacks seemed determined to undermine the Congress at every turn – and because the American people are so docile, they seemed to be getting away with it on a frequent basis. According to Defense Secretary Panetta, testifying in front of a joint committee of Congress – as reported in the Washington Times:

….the United States no longer needs the approval or consent of Congress before launching a major military offensive. (Panetta)…….argued that the administration needs only “international permission” to engage in war. In other words, Mr. Panetta stressed that international approval from the United Nations or NATO trumps the sovereign authority of Congress…. [1]

This move by the Obama administration seeks to subvert the intent of the War Powers Resolution  of 1973, a Federal law,  that was passed in response  Democrat President’s, John F. Kennedy and his predecessor President Lyndon Johnson’s ill fated foray into and escalation of the war in Viet Nam. Once the Resolution passed the only President to violate it until Barack Obama’s entanglement in Libya, was another Democrat President, Bill Clinton in 1999 in the Bosnia conflict.  The Resolution states:

(Sec 2 (a), ” It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.”

(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.

(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. [2]

Bottom line there really is no gray area in the Resolution for the Democrats to contest despite all the so called “expert” legal opinions offered against the Resolution. It is not unconstitutional because when a Resolution is passed by a joint session of Congress it becomes law. It is intended to keep the Executive Branch in check.  In the case of the Obama administration violation of the Resolution is intended to make us subject to the dictates and interest of the international community. This of course leads us to the question of who does Obama represent the American people of the mandate of the United Nations – that one is a no brainer.

[1] http://www.washingtontimes.com/news/2012/mar/15/oust-obama/

[2] http://avalon.law.yale.edu/20th_century/warpower.asp

[3]  http://www.fas.org/sgp/crs/natsec/RL33532.pdf