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“War Powers, United States Operations in Libya, and Related Legislation”
House Committee on Foreign Affairs
Rayburn House Office Bldg. 2172, Washington, DC 20005
May 25, 2011 10:30 AM
On Wednesday, the House Committee on Foreign Affairs held a hearing entitled, “War Powers, United
States Operation in Libya, and Related Legislation. Congressman Justin Amash (R-MI),
Christopher Gibson (R-NY), and Thomas Rooney (R-FL). Committee Chairman, Congresswoman
Ileana Ros-Lehtinen (R-FL) chaired the hearing with Ranking Member Congressman Howard
Berman (D-CA) and other committee members in attendance.
Rep. Ileana Ros-Lehtinen brought the meeting to order and made opening remarks. She
acknowledged that President Barack Obama notified Congress of the beginning of U.S. military
operations in Libya within 48 hours as stipulated by the War Powers Resolution of 1973. However she
criticized the administration‟s stance that congressional authorization for actions was not required
saying that the administrations interpretation of the resolution was “very broad.” She also said she was
concerned that the Obama administration seemed more concerned about authorization from the United
Nations, NATO, and the Arab League rather than the U.S. Congress which she claimed factored more
into the President‟s decision to begin military strikes on Libya. Ros-Lehtinen also stated that the
recent Senate resolution introduced on Monday by Senators John McCain (R-AZ) and John Kerry
(D-MA) expressing support in the Senate for “limited use of military forces” was not an official
approval required by the 60-day time limit stipulated by the War Powers Resolution. She also stated
that the administration needed to address its specific goals and endgame in Libya, particularly in
regards to Muammar Gadhafi, and safeguards against U.S. aid falling into the hands of Libyan
jihadists fighting for the rebels.
Congressman Howard Berman stated that there was bipartisan support for the U.S. mission in Libya
which was both relevant and necessary. He also stated that he supported the Senate draft resolution
introduced by Senators McCain and Kerry. However, he said that Congressman Amash‟s bill H.R.
1212, which seeks to cut off funding for the U.S. military effort and force the President to stop military
actions until he seeks express authorization from Congress, would be disastrous on a humanitarian
level. He did however acknowledge the central legal questions that U.S. military actions in Libya have
raised regarding the proper exercise of war powers and the interplay between the legislative and
executive branch. Berman highlighted that the courts have refused to get involved in the dispute
between the two branches on the issue. He posed the question of whether or not the transfer of the
military operation to NATO allowed the U.S. involvement to slip “below the threshold” of hostilities
to require a Congressional authorization. He also posited if periodic drone strikes count as
“introducing armed forces” into hostilities. Congressman Donald Manzullo (R-IL) expressed concern
that President Obama was following international opinion or organizations over the U.S. Congress and
reiterated on Congressman Berman‟s question that „boots on the ground‟ was not the test of whether or
not “hostilities” were being engaged in, stating that unmanned drones still do much damage in conflict.
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Congressman Justin Amash began his testimony before the committee by stating, “ We are at war
with Libya. Either Congress must authorize our strikes against Libya, or Congress must withdraw the
use of force.” Amash highlighted that President Obama has stated on record, previous to his election
to the Presidency, that a President may not unilaterally authorize a military attack in a situation that
does not involve stopping an actual or imminent threat to the nation. Amash stated that since Congress
has not declared war or authorized force against Libya, and Libya did not attack the U.S., the
President‟s continued use of military action was illegal under the War Powers Resolution. The
Congressman then highlighted his bill H.R. 1212, the RECLAIM Act, which would require President
Obama to halt military action in Libya and withhold Congressional funding until the President seeks
approval for action from Congress.
Congressman Chris Gibson, in his testimony, questioned why President Obama sought approval from
international organizations instead of Congress. He called the President‟s actions constitutionally
dubious but also noted that no President since the War Powers Resolution enactment has
acknowledged its constitutionality. Gibson introduced his bill, H.R. 1609, the War Powers Reform
Act; which would limit the use of funds by the President if he/she is found to have not satisfied the
obligations of the Act. The bill also adds language authorizing the president to act in case of
“imminent threat” to the nation; language which is not present in the current act. The bill also includes
an executive exemption for Israel, which does not have a mutual-defense pact with the U.S.
Congressman Thomas Rooney testified that the Obama administration‟s argument that U.S. actions in
Libya did not constitute war were incorrect. He described the administration‟s term of “kinetic
military action,” as a redundant euphemism: “Neither the War Powers Resolution, nor the Constitution,
provides any allusion that if an act of war is “small,” then it is not an act of war.” Rooney introduced
his continuing resolution, H.Con.Res. 32, that expresses the sense of Congress that the President
should adhere to the War Powers Resolution and obtain “specific statutory authorization” for military
force in Libya.
Congressman Brad Sherman (D-CA) charged that the Obama administration views the Congress as
irrelevant and suggested that authorization for U.S. military action in aiding the rebels be contingent on
the rebel Transitional National Council expelling members affiliated with the Libyan Islamic Fighting
Group, that sent jihadists to Iraq and Afghanistan to fight U.S. forces. He also said the U.S. should
fund the military effort with Gadhafi‟s frozen U.S. assets. He also called the administration‟s view of
its constitutional authority on war powers “extremist” and said that every appropriations bill should
include a reference stating that money used for violating the War Powers Resolution is a theft of
taxpayer money.
Congressman Ted Poe (R-TX) stated that it is the executive branch that is most interested and prone to
war. He also echoed Secretary of Defense Robert Gates‟ remarks that the violence in Libya was not
in the U.S. national interest and that the War Powers Resolution did not authorize actions in Libya and
that Congress had a duty to “pull in the pursestrings.” Rep. Dan Burton (R-IN) echoed Poe‟s call to
cut off the „purse strings‟ for war funds and stated that the President ought not to act “like a king.”
Congresswoman Jean Schmidt (R-OH) expressed concern over the economic impact and cost of
military action in Libya, especially given a lack of exit plan or strategy. Congressman Steve Chabot
(R-OH) stated that little is known about the nature of the opposition in Libya and that the
administration has not presented any plans or timetables for military action. Congressman Ron Paul
(R-TX) opined that the U.S. has been on the wrong path since WWII with several undeclared wars. He
lambasted the recent Office of Legal Counsel opinion stating that the U.S. could pursue military action
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in Libya in order to defend the credibility of the United Nations Security Council which he called, “an
outrage.”
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