WASHINGTON (WJZ) — A Maryland congressman is among a group of lawmakers who are filing a lawsuit against President Barack Obama.  They say he’s abusing his war powers.

Kelly McPherson has their argument and the response from the president.

A handful of Republican and Democrat leaders say the war in Libya is not constitutional because Congress was never asked if our resources should be used.

As fighting continues in Libya with U.S. support, members of Congress are suing the White House over the war.

“We’re here today to announce the filing in federal court of a lawsuit that challenges the constitutionality of the war in Libya,” said Representative Dennis Kucinich.

“This is not an issue of whether or not we should be there; it’s an issue of how we got there,” said Representative Roscoe Bartlett.

Bartlett says the War Powers Resolution, enacted in 1973, prevents any president from sending American troops into a conflict without permission of Congress.

“This is not the King’s army.  The president does not have the constitutional right to use this army anywhere he wishes, any time he wishes,” Bartlett said.

The lawsuit says the war violated the constitution and asks for a judge’s order to suspend military operations.

Just this week, Congress passed a resolution asking for more information about how $750 million has been spent in the Libyan conflict.

The White House responded late Wednesday with letters and documents explaining military operations in Libya and other countries, saying Americans are helping NATO with enforcing the no-fly zone and sending unmanned aircraft for hit-specific targets.

The White House is not backing down.

“The goal of protecting Libyan civilians and holding Colonel Qaddafi accountable will continue,” said Jay Carney, White House spokesperson.

Several representatives involved in this lawsuit were also involved in a lawsuit against President Bill Clinton when he went into Kosovo without asking Congress’ permission.  That lawsuit was not successful.

“So now we’re asking the court once again, please intervene and tell the president he does not have the right to use this military without our permission,” Bartlett said.

Other presidents have called the War Power Resolution unconstitutional but still asked for Congressional permission to go into a conflict.  Obama didn’t do that and maintains that he didn’t have to.

The White House says it continues to update Congressional leaders about Libya and other international conflicts.

Comments (13)
  1. Wheres common sense when you need it says:

    Great idea. We should sue the government for misrepresentation. There are laws against this, right? A politician promises a product, in this case a campaign promise, in return for a payment, in this case a vote. When you go to the store and buy a product that turns out not to be what you were led to believe it was, then you can return it for a refund or pursue other legal means of compensation. So with this, we should flood the courts lawsuits making the idiots in office responsable for their actions.

    1. AT says:

      Yeah, you want your money back but but all you’ve got is change someone voted for.

  2. Primetime Editorials says:

    this is so stupid
    why would you sue the president for helping the world?

    1. Dinger says:

      How is he “helping the world”?

  3. sven says:

    Just another reason to waste taxpayers money (on both sides of this issue) and get your name in the limelight.

    Vote 2012

  4. J Kirsch says:

    Just shows how simple our congress is. He is the chief and should not have to go through anybody to fight a war.Congress has enough problems of there own,SEX problems they should take care of them first….

  5. pigeon says:

    To J Kirsch. I surely hope and pray that you do not really believe what you wrote!

  6. Nocturnal Spook says:

    Wait, but didn’t George Bush do that 10 years ago? Nobody had a problem then. We went to Iraq FOR NO REASON and nobody had a problem with it?

    1. anti liberal says:

      Congress approved of going into Iraq, even Democrats. Granted, I did not approve of that action, but he did go through Congress first.

      Oh yeah, J Kirsch, he is the chief, but there is a law that says he has to get congressional approval.

      What is it with libarals? Must be a mental disorder.

  7. Active Duty Soldier says:

    Iraq and Afghanistan were approved wars. As a Soldier, if I came down on orders for Lybia, I’d be pretty ticked. That’s not our war. Were too busy helping everyone out when there are homeless vets and civilians on the streets. Were spending billions on bailing companies out for no real reason. Americans are too quick to help the world out when we turn on each other so quickly.

  8. Kay says:

    Government is sueing Obama. They have the wrong guy. They need to be sueing Mr. Bush. On that note I should be sueing him too for messing up this economy, and for me paying higher taxes and loosing my home to foreclosure. Not to mention the JOB LOSS. WAY TO GO!!! THEY WANT TO SPEND MORE $$$ ON DUMB S***!!!!!

  9. anti-liberal says:

    Your paying more taxes is thanks to the DEMOCRATS in Annapolis. Bush’s fault, Bush’s fault. Do any of you realize the all out lies and promise of changing Washington that Obama was just saying to get votes? “Those shovel ready project were not so shovel ready after all (while they snicker)”. That is Obama for ya, a trillion wasted on stimulus, that may have something to do with taxes going up as well.

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