Libya Troop Withdrawal. House Concurrent Resolution 51 would have directed President Obama, “pursuant to … the War Powers Resolution, to remove the United States Armed Forces from Libya.” The War Powers Resolution bars the President from militarily engaging the armed forces for more than 60 days without congressional approval. Obama had not sought congressional approval for undertaking military action in Libya. Rep. Dennis Kucinich (D-Ohio), who sponsored H. Con. Res. 51, noted: “In the weeks leading up to the war, the administration had time to consult with the Arab League, the United Nations, the African Union, but apparently had no time to come to this Congress for approval.”
The House rejected Kucinich’s resolution on June 3, 2011 by a vote of 148 to 265 (Roll Call 412). We have assigned pluses to the yeas not merely because Obama’s Libya deployment is now in violation of the War Powers Act’s 60-day requirement for congressional authorization, but also because it violates the Constitution, which clearly assigns to Congress the power “to declare war.”