Date: 2011-06-24
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

It is a continuous. unending obligation to be in Libya. I would much rather have a definitive act which is to say that we have no more than a year. And I would offer to the White House that we would like reports sooner than that. and some of us may wish to go forward with another resolution to move us out. But I will not be supporting politics today. I have to support those who are fighting for justice in Libya. Mr. Speaker. I rise to today to express my disappointment with the Administrations decision not to consult with the Congress over the important and critical actions taken in Libya. Our government operates based upon a constitutionally protected system of checks and balances. It does not matter whether or not the Administration is Democrat or Republican. What is important is ensuring the role of Congress when determinations are made to engage in military actions in foreign countries. The War Powers Resolution was intended to ensure that any action taken by an Administration which utilizes military forces would require the involvement of this body. As the Ranking Member of the House Homeland Security Subcommittee on Transportation Security and Senior Member of the House Judiciary Committee. I believe in supporting the Constitution of the United States. The issue before us raises the debate on how to apply the War Powers Resolution. As this resolution has not been declared unconstitutional it is important to follow our laws as written. This is a reminder to the American people that we must firmly hold true to our constitutional duties. We have the power to ensure the Executive does not overstep its bounds. As Members of Congress. we can exercise our power through appropriation. the appointment process. exercising oversight over the Executive. enactment legislation. or even establishing a select Committee to probe any abuse of power by the Administration. The War Power resolution is an integral part of our process. The actions that have taken place in Libya raise the debate on how the War Power Resolution should be applied. Presidents. Members of Congress. scholars and lawyers have long argued about which branch of government has the power to decide whether the nation goes to war. and meaningful discussions between the branches has not always taken place. In 1973. The War Powers resolution was passed over the veto of President Nixon. in order to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Such force is constitutional under the Necessary and Proper Clause which specifically provided that "Congress shall have the power to make all laws necessary and proper for carrying into execution. not only its own powers but also all other powers vested by the Constitution in the Government of the United States .. " The policy behind this power. entrusted to the President as Commander in Chief. to deploy U.S. armed forces to defend itself is "exercised only pursuant to: (1) a declaration of war. (2) specific statutory authorization. or (3) a national emergency created by attack upon the United States. its territories or possessions. or its armed forces." Pursuant to this authority. the President "in every possible instance" shall consult with Congress before deploying U.S. Armed Forces. and to continue consultations as long as the armed forces remain in hostile situations. As we consider this Joint Resolution. we must also consider facts surrounding the state of violence and unrest in Libya. and the consequences of both action and inaction on behalf of the Libyan people. I value the importance of a fair. just. and balanced approach. We must always act in compliance with our nations constitution. Prior to this conflict. since assuming power. Colonel Qaddafi has ignored the needs of the Libyan people. choosing instead to train other oppressive leaders in intelligence and weaponry. Qaddafi had given money to dictators such as Robert Mugabe and Charles Taylor. and intervened in foreign wars instead of investing in education and infrastructure for the betterment of his own people. Human Rights Watch and Amnesty International have consistently reported the lack of free press and free speech in Libya. The State controls the media and speaking out against Qaddafi or his government is not only illegal. it is also deadly. Qaddafi and his army executed activists who opposed the government and broadcasted their deaths on television. Qaddafi was particularly intolerant of women and other minorities. He established "social rehabilitation" centers. where women who were designated financially or morally vulnerable were detained indefinitely. Homosexuality was deemed criminal. and punished with up to five years in jail. Now. the people of Libya have given their lives in their fight for democracy. This current conflict in Libya began four months ago. when Colonel Qadahfi failed to do what was right for his country and its people. Violence erupted as many Libyan citizens felt the painful consequences of a government resistant to change. Civil liberties were infringed upon. human rights were violated. and worst of all. many Libyan lives were lost. These atrocities were not committed under the command of some far away leader or as a consequence of a conflict with a foreign nation. No. these unforgivable acts were authorized by the hand of the Libyan leader himself. I applaud efforts to come to the aid of the Libyan people. I condemn Colonel Qadahfis despicable and inhuman actions. and support the President in our national policyand the Worlds policyof removing this tyrant from power. The widespread suffering in Libya was initiated and continues to be encouraged by the very man charged with protecting the Libyan people. The Libyan people are in desperate need of outside assistance. the question is no longer whether or not Libya is in a critical condition. I call on my fellow Members of Congress to continue to condemn the violence taking place in Libya. We should not forget that the people of Libya are continuing to fight for democracy and there has been a significant loss of life. Colonel Muammar Qadahfi has continued to refuse to acknowledge the will of the Libyan people and the reality of the dilemmas that Libya faced. When faced with the shadow of oppression. the suppression of liberties. and the constant threat of brutality. history has shown that humanity will always rise up in protest. and if necessary. in armed resistance. Rather than act as a true leader and acknowledge the interests of Libyan citizens. Qadahfi chose to remain steadfast to the status quoto disregard the context of an intolerable situation in favor of blindly following what has always been done just for traditions sake and lust for power. The reality of the situation is this: it was Qadahfis refusal to contemplate the circumstances in Libya that has led to the unnecessary loss of innocent lives. Let us not make the same error as we continue to deliberate the role of the U.S. and the decision of our President to act on behalf of innocent people. Colonel Qadahfi has proved himself to be. by the standards of any free nation. an illegitimate leader of the Libyan people. He has utilized snipers. helicopters gunships. mercenaries and gangs of hired thugs to harm his own people throughout the course of the protests. Rebels taking to the streets demanding free elections were injured and killed. No leader should remain in power after committing the indiscriminate slaughter of thousands of their own citizens. no leader should remain in power after ordering soldiers to fire upon crowds of defenseless. peaceful protesters. no leader should remain in power after executing hundreds of soldiers who bravely refused to carry out orders to shoot their fellow citizens in cold blood. My message to Qadahfi is clear: stop the slaughter. stop the killing. and stop murdering your own people. I demand you step down from power! I implore you to consider and value the lives of your people. Stop the violence. I call for a unified voice from NATO. the United Nations. the African Union. and other world groups to stop the slaughter and violence against the people of Libya. As a Member of this body. I am calling on my colleagues to join me in calling attention to the plight of the people of Libya and their fight for freedom. justice. and deliverance from Colonel Qaddafi. For over four months. NATOled air strikes in Libya have inflicted serious damage upon the Qaddafi regimes war machine. yet loyalist forces continue to demonstrate cohesiveness and operational superiority over besieged rebel forces. Still. some analysts suggest the stalemate is now yielding to a war of attrition favoring the rebels. Rebel combat skills have improved. as has their arsenal. which now reportedly includes vehiclemounted antiaircraft guns. recoilless rifles. and mortars. As rebels consolidate recent gains. NATO has proven to be the equalizing force. The African Union continues to press for a peace deal that was accepted by Qaddafi but rejected by the opposition because it would leave Qaddafi in power. With the support of the United States. United Nations. and NATO we must continue to push for the support of the African Union resolution. Turkey also has proposed a roadmap to establish an immediate and verifiable ceasefire. secure humanitarian aid corridors. and advance a political process for a transition. However. Turkey has not yet provided an implementation strategy other than making it clear that Qaddafi must go. After the President of South Africa. Jacob Zuma. engaged in peace talks with Qadahfi most of the world believed the bloodshed would end. Today. it is clear that Qadahfi is going to continue to fight to stay in power. We cannot stand by and watch as the people of Libya suffer. We need and must provide humanitarian aid. Americans have always come to aid of their neighbors in times of crisis. We must continue to remember the context upon which we are currently operating in the world today. The Middle East is finally awaking to democracy and freedom. Advancing these objectives also advances our nations security. The evidence is clear of an Arab Spring. The evidence is compelling all we need to do is look at Egypt. Byrahn. Yemen. Syria. and Libya to watch the effects of voices that are calling for democracy. The Founders distributed the decision to go to war between the two political branches to assure that the decision would be made carefully. The founding generation experienced the hardship of several wars and they knew wars human and financial costs. They understood that a strong executive who is already given the title "Commander in Chief." might flex the countrys military strength injudiciously. Giving Congress the essential power to declare war allows heads to cool. alternatives to be considered. and makes certain there is consensus if the country is called to fight. I continue to support the premise that Congress has the right to declare war. and our current debate must reflect this imperative. Congress has a right to assert its authority. however. the situation in Libya gives me great pause. H.J. RES 68. "Authorizing the limited use of the United States Armed Forces in support of the NATO mission in Libya." Authorizes the President to continue the limited use of U.S. Armed Forces in Libya in support of U.S. security policy interests as part of the North Atlantic Treaty Organization (NATO) mission to enforce U.N. Security Council Resolution 1973. as requested by the Transitional National Council. the Gulf Cooperation Council (GCC). and the Arab League. This bill will terminate such authorization one year after the date of enactment of this joint resolution. Further. H.J. Res. 68 states that consistent with the policy and statements of the President. Congress does not support deploying. establishing. or maintaining the presence of units and members of U.S. Armed Forces on the ground in Libya unless the purpose of the presence is limited to the immediate personal defense of U.S. government officials (including diplomatic representatives) or to rescuing members of NATO forces from imminent danger. It requires the President to consult frequently with Congress regarding U.S. efforts in Libya. including by providing regular briefings and reports. Includes as elements in such briefings and reports: (1) an updated description of U.S. national security interests and policy objectives in Libya. (2) an updated list of U.S. Armed Forces activities in Libya. (3) an updated assessment of the opposition groups in Libya. including potential successor governments. and (4) an updated explanation of the Presidents legal and constitutional rationale for conducting military operations in Libya consistent with the War Powers Resolution. H.R. 2278. "To limit the use of funds appropriated to the Department of Defense for United States Armed Forces in support of North Atlantic Treaty Organization Operation Unified Protector with respect to Libya unless otherwise specifically authorized by law." this bill prevents the use of funds to pay for United States participation in any aspect of North Atlantic Treaty Organization (NATO) effort except intelligence. surveillance. searchandrescue and other "nonhostile" support activities. I am for peace and not war. however I am not for politics of the Republicans that vote against Democratic Presidents but for Republican Presidents. This war is an effort for humanitarian assistance in Libya. The Libyan people were being attacked and were dying by their own leader. Although. I am again disappointed by the continuing actions of the Administration that are taking place without the consultation of Congress. This should not cause us to ignore the plight of the Libyan people. We must continue to insist on providing the technical assistance and weapons necessary to defeat this regime. I will vote against H.R. 2278 because it is a political game and does not have a time certain to leave Libya. The resolution cuts off funds just to embarrass President Obama. I want peace to come to Libya in the right way. Efforts to support action by the African Union. European Union. NATO and other U.S. allies only advance our call for democracy that is now being heard and is spreading throughout the Middle East. This can be done while complying with the War Powers Resolution. that is why I will support H.J. Res. 68 for now which sets a time of before one (1) year this war should end. I want the conflict to end sooner. I therefore reserve the right to offer a resolution on the floor to end this war.