Kucinich says Obama in violation of Constitution, War Powers Act

By Pete Kasperowicz - 05/24/11 02:01 PM ET

Rep. Dennis Kucinich (D-Ohio) charged on Tuesday that President Obama is in violation of both the Constitution, by sending troops to Libya without consulting Congress, and the War Powers Act, by failing to obtain congressional authorization now that 60 days have elapsed since troops were first sent.

"The war is unconstitutional," he said on the House floor. "The president did not come to this Congress, he went to the U.N. Security Council."

"Last week, the President did not observe the tolling of the War Powers Act, so he's in violation of the statute," he added.

Kucinich said he would offer an amendment to the National Defense Authorization Act (NDAA) this week that would defund military efforts in Libya.

"What are we doing there?" he asked. "Congress should start by saying, look, you're not spend any more money over there."

He also rejected the idea that Libya is a NATO effort, not a U.S. effort, by pointing out a study that said most cruise missiles, two-thirds of all personnel, and half of all aircraft and ships employed in Libya are from the United States. "And they're saying this is a NATO operation? C'mon."

Kucinich has also introduced a standalone resolution calling for a withdrawal from Libya, but it is not clear that House leaders will schedule a vote on that resolution.

Kucinich's comments came during Tuesday afternoon debate over a rule that would allow consideration of the NDAA, H.R. 1540. That bill is expected to be considered Tuesday and into Wednesday, in part because more than 200 amendments have been submitted, many of which will be debated on the floor this week.

In early debate, Democrats said they would seek to scale back language that delays the repeal of the military's "Don't ask, don't tell" policy for gay service members and would also fight language that appears to be an open-ended authorization by Congress to continue the war against terrorism.

The same rule that governs debate for the NDAA will also allow the House to quickly take up legislation extending three Patriot Act surveillance techniques. The Senate is expected to approve a bill extending those authorities until 2015, and the House is expected to follow suit.

The rule also allows consideration of H.R. 1216, which would reduce federal funding for graduate-level medical residents.