war vs. murder: obama's position on libya

the war powers act requires a president to declare war or seek congressional approval for the use of military force within 60 days of a military action.  the obama administration has presented its position on the need to comply with ignore the law regarding its military assault on libya.  

for the us, imperial wars are the norm, allowing this country to control foreign resources, secure large profits for us weapons manufacturers and in the case of the middle east, protect its closest ally--israel.  despite this knowledge, i'm very interested in the legal "justifications" for perpetual warmongering.  obama, a former law professor, and his staff were pretty creative with this one.  the following summary and responses are from black agenda report:

Obama’s War Powers Position is “Ludicrous”

Bruce Fein, author of “American Empire: Before the Fall” says, “If another country did to us what we are doing to Libya, we would incinerate it with nuclear weapons.” As to President Obama’s contention that the U.S. is not at war with Libya and, therefore, the War Powers Act has not been triggered, Fein says, “If it’s not war, then the United States is committing murder in Libya.” The White House also claims that no state of war exists because U.S. personnel are in little danger. Says Fein: “The same would be said if the U.S. launched ICBMs with nuclear warheads and utterly destroyed a country,” without itself sustaining casualties.

Frances Boyle, professor of international law at the University of Illinois College of Law, called Obama’s position “an insult.” He says the War Powers Act is triggered by “hostilities” with another state. Another provision states the legislation comes into play “any time we are armed in the airspace of another state.” Boyle is offering his services to any congressperson that wants to draw up a Bill of Impeachment against the president.

Bill Quigley, of the Center for Constitutional Rights, points out that candidate Obama spoke against the rise of an imperial presidency. “This is like the King wearing no clothes,” said Quigley, calling Obama’s legal stance “ludicrous.” There is little prospect of judicial restraints on the White House, because “the courts are cowardly.” The Congress may be making loud noises, but the president is telling them, in effect: “I know you’re not going to do anything about it.”

http://blackagendaradio.podbean.com/mf/web/jgd8ns/BlackAgendaRadio062011.mp3