Argument: The intervention was necessary in order to protect US interests in the region

If it can be proved that the intervention was incredibly important to the US for both its own interests as well as for its moral imperative then the US bending the War Power Act can be seen as a legitimate exception to constitutional rules that has to be borne despite the harms such a breach might cause.

Violence and insecurity within the Libyan region would negatively affect US security. Firstly through the fact that poverty and conflict often breed religious radicalism and can often result in terrorism which directly harms the US as the most visible world power. Secondly, the US intervening is necessary to show members of the Middle East and North Africa that it is willing to support the region during a time of taxing transitions from old dictatorships to often weak democracies. Further, it shows that the US is compassionate in that it is unwilling to stand by and allow regions to descend into humanitarian crises.

The intervention also prevented a flood of refugees into Egypt and Tunisia.1 Egypt itself is currently undergoing democratic change and such a crisis might have forced that process backward. Tunisia is undergoing a similar transition and America needs to show support for these countries so that the governments that are established in the future will view America in a positive light.

Finally such an intervention is necessary owing to the role that the US and the people of the US feel that it should take in the world. Standing aside whilst a humanitarian crisis unfolds goes against the ideals that the US stands for. Further, given this revolution is likely seeking a democratic government it seems inconsistent that the US would not help countries aiming to become more like the US. 2,3

Wauquiez , Laurent, ‘Libya/no-fly zone/sanctions/refugees – NATO intervention/Arab reaction’, France in the United States, 8 March 2011,

Obama Administration letter to Congress justifying Libya engagement, 15/06/2011

Text of Obama’s Speech on Libya: “A Responsibility to Act.” NPR.org 28/03/2011

Candidate 1: "The Libya intervention lacks sufficient international authority

Firstly, the UN intervention in Libya wrongly rests on NATO authority. The use of NATO to circumvent congressional approval in this situation violates the initial agreement regarding the participation of the U.S. in NATO that was ratified by congress. As such, even if the U.S. is legitimate in going to war and the circumvention of war powers can be justified, the circumvention using NATO cannot.

Secondly, the use of UN approval to circumvent congress means that the UN charter and the ideals of the UN have been placed by the government at a higher level of value than of the US constitution. If this is the case then the government has undermined the validity of the US constitution and through doing that has undermined all laws within the U.S. which is harmful should the U.S. wish to project power in a way that is contrary to the UN’s wishes.1

Editorial: “Obama’s illegal war” The Washington Times. 18/03/2011"
Candidate 2: "The United States engaged in "hostilities" under War Powers

There are multiple arguments indicating why the U.S. might be engaged in hostilities under the War Powers Act, enough so that this single argument could make an entire two person case.

The U.S. has engaged in sustained hostilities in Libya which have resulted in regime change within the country. The President himself admits that causing regime change would be unjustifiable in his speech justifying the war by pledging that “broadening our military mission to include regime change would be a mistake.”2 However, regime change was the result of the mission and NATO and U.S. played a significant role in facilitating that change.

Secondly, the War Powers act covers the U.S. fighting in a supportive role in wars. "For purposes of this chapter, the term 'introduction of United States Armed Forces' includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.”3 Hence the U.S. is acting in violation of this condition.

Further, troops do not need to be on the ground to call the Libyan engagement hostilities. U.S. men and women have firstly died in the conflict, but secondly if troops were needed on the ground for a war, a U.S. president could potentially fire a thousand missiles at a country without the engagement being considered a war.

Further, even though the U.S. gave powers to NATO, it maintained a lead role in this coalition force. As such, the engagement should still be subject to U.S. laws and rules.

Finally, the sheer cost of the engagement to the U.S. taxpayer implies that it should be considered a war. The cost of the war has been more than $1 million per day.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011

BBC News, ‘Libya: Obama says US intervention will be limited’, 29 March 2011,

United States Congress, 50 USC CHAPTER 33 - WAR POWERS RESOLUTION, 7 January 2011,"
Candidate 3: "Firstly, the Obama regime had plenty of time to get congressional approval. It would have been fairly easy for a bipartisan bill led by Senators John Kerry and John McCain to get through congress in time for the U.S. to successfully intervene in the area. The United States through a joint session of congress declared war on Japan within two days of the Japanese launching their attack on Pearl Harbor showing that declarations of war can be pushed through congress quickly when there is the need.1

Secondly, whilst some of congress, the leadership was consulted regarding the actions in Libya, all of congress was not. This harms the portrayal of congress as an important and representative body when more minor members are not consulted for very important decisions made by the state. As such, no discretion can be allowed in this area because to do so is to harm the institutions upon which the US is founded.2

‘Joint Address to Congress Leading to a Declaration of War Against Japan (1941)’, ourdocuments.gov,

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011"
Candidate 4: "The intervention in Libya has run contrary to the interests of the US by giving the president stronger powers. When Bill Clinton intervened with NATO in Kosovo he had to gain the approval of congress following the 60th day, with the conflict ending on the 78th. In allowing Obama to do this, a fundamental part of the U.S. democratic system has been undermined and more powers have been given to the presidency. In the future this could lead to further bad decisions for the united states as presidents are required to prove less in order to take stronger action.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011"
Candidate 5: "US intervention is not consistent with other aspects of US law

Firstly, Libya did not attack US soldiers and did not harm US citizens. Given that this is true, then engagement with Libya to begin with goes against the spirit of US law. Given that the situation is not an emergency for the U.S. circumventing congress in order to prosecute the war is incredibly harmful as it undermines one of the core institutions in U.S. democracy.

Further, the use of international organisations such as the UN and NATO to circumvent congress has bad ramifications for the future as in doing this the U.S. government has significantly lowered the burden required to go to war should it wish to do so in the future.

This is problematic because the decision to go to war should never be one that is taken lightly. Should the U.S. wish to go to war again then it might end up in a situation such as Vietnam, the conflict that inspired the creation of the war powers act.1

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011"
Candidate 6: "Firstly, the Obama regime had plenty of time to get congressional approval. It would have been fairly easy for a bipartisan bill led by Senators John Kerry and John McCain to get through congress in time for the U.S. to successfully intervene in the area. The United States through a joint session of congress declared war on Japan within two days of the Japanese launching their attack on Pearl Harbor showing that declarations of war can be pushed through congress quickly when there is the need.1

Secondly, whilst some of congress, the leadership was consulted regarding the actions in Libya, all of congress was not. This harms the portrayal of congress as an important and representative body when more minor members are not consulted for very important decisions made by the state. As such, no discretion can be allowed in this area because to do so is to harm the institutions upon which the US is founded.2

‘Joint Address to Congress Leading to a Declaration of War

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011"

The intervention in Libya has run contrary to the interests of the US by giving the president stronger powers. When Bill Clinton intervened with NATO in Kosovo he had to gain the approval of congress following the 60th day, with the conflict ending on the 78th. In allowing Obama to do this, a fundamental part of the U.S. democratic system has been undermined and more powers have been given to the presidency. In the future this could lead to further bad decisions for the united states as presidents are required to prove less in order to take stronger action.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011
