On the recordJune 3, 2011
This could be no more a somber debate than what we are doing here today, and I thank the manager, Mr. McGovern, and the gentleman from South Carolina for recognizing, through the leadership of our House, that the American people must be engaged in the constitutional duties that have been set out for the three branches of government. Under the Constitution, the war powers are divided between Congress and the President, and among other relevant grants, Congress has the power to declare war and raise and support armed forces while the President is the Commander in Chief. The congressional duties fall under article 1, section 8, and the Commander in Chief can relate his or her duties to article 2, section 2. It is generally agreed that the Commander in Chief role gives the President power to utilize the armed services to repel attacks against the United States. But there has long been a challenge or controversy over whether he or she is constitutionally authorized to send forces into hostile situations abroad without a declaration of war or congressional authorization. And so here we are today indicating that it is important for the Commander in Chief, no matter how much respect there is, to be able to respond to the call of the Congress. There are now two resolutions that swirl around the violence and horrific acts in Libya. Compounding the problem is a continued violence, an assault on the people of Libya.…
