Providing for Consideration of H. Res. 292, Regarding Deployment of United States Armed Forces in Libya, and Providing for Consideration of H. Con. Res. 51, Libya War Powers Resolution

Floor Speech

Date: June 3, 2011
Location: Washington, DC

Ms. FOXX. I thank my colleague from South Carolina for yielding me this time.

Mr. Speaker, I want to say from the very beginning that Mr. McGovern and I don't often agree on issues, but we do agree that this is a very serious issue that we are dealing with today. And yesterday in the Rules Committee, all of us dealt with this in a very serious way.

Mr. Speaker, we live in the greatest country in the world. A major part of what makes us so great is that we are a Nation of laws and not of men, and our rule of law is based on God's laws and our Constitution. Indeed, each one of us in Congress takes an oath to uphold the Constitution when we take our office. The President and Vice President, as well as members of the Cabinet, do the same thing.

We are here today to debate a rule and two resolutions related to the inattention of the President to the Constitution; and I dare say that none of us takes any joy in this, but we feel compelled by our dedication to our founding document to do this because we love our country. By doing all that we can to safeguard the constitutional powers granted to Congress, we are doing our part to keep the United States great and strong.

Mr. Speaker, I want to be very clear about what is not at issue today. This debate is not about our troops. We owe a huge debt of gratitude to our men and women in the military and their families. The troops do what they are sworn to do, what the law requires them to do: obey the orders of the Commander in Chief. The troops are doing their duty. By refusing to get congressional authorization for military action in Libya, it appears that their Commander in Chief is not.

The Constitution was designed to be a check on the power of our government, hence the term ``enumerated powers.'' Each of the three branches has very limited powers with Congress having its own unique role and powers, one of which, an important one of which, is the power to declare war.

My focus this morning will be on the abrogation of the constitutional and statutorial responsibility by the President in regard to his actions on Libya. In other words, the authorization to use military force is given to the President by this body and none other. And it is in accordance with our Constitution that we are here asserting our sworn constitutional duty and telling the President he does not have the support nor the authority that he claims to have in order to continue military operations in Libya.

I have often urged people to read Orwell's book ``1984'' because the language used by President Obama in particular on the Libya issue to muddy the waters is so reminiscent of the language used in that book about a country where the government controls everything, including the minds of the people, partly by the use of language that is completely distorted.

Mr. Speaker, I have read the letter that President Obama sent to Congress. He should have come in person to make his case, but even then I doubt we would agree to continue operations in Libya. The letter that the President sent does not even begin to comply with the requirements of the War Powers Resolution. Let me read parts of it and enter the entire letter into the Record, Mr. Speaker.

Here is how the letter begins: ``On March 21, I reported to the Congress of the United States, pursuant to a request from the Arab League and authorization by the United Nations Security Council, had acted 2 days earlier to prevent a humanitarian catastrophe by deploying U.S. forces to protect the people of Libya from the Qadhafi regime. As you know, over these last 2 months, the U.S. role in this operation to enforce U.N. Security Council Resolution 1973 has become more limited, yet remains important.''

Here is where I want to get into this convoluted language.

Thus, pursuant to our ongoing consultations, I wish to express my support for the bipartisan resolution drafted by Senators Kerry, McCain, Levin, Feinstein, Graham, and Lieberman, which would confirm that the Congress supports the U.S. mission in Libya and that both branches are united in their commitment to supporting the aspirations of the Libyan people for political reform and self-government.

Mr. Speaker, this is doublespeak of the worst kind--a resolution drafted, never introduced or passed, which would confirm that Congress supports the U.S. mission. The President is dreaming when he talks about this language.

The SPEAKER pro tempore. The time of the gentlewoman has expired.

Mr. SCOTT of South Carolina. I yield the gentlewoman an additional 30 seconds.

Ms. FOXX. Mr. Speaker, let me reiterate: This debate is not about our troops; it's about our Constitution. Our men and women in uniform are doing their duty by following orders. They make me and the rest of us very proud. We are a blessed Nation to have such men and women in the military.

This is about our oath to protect and defend the Constitution, about the checks and balances our Founding Fathers had in mind when they broke away from an imperial monarchy. I urge my colleagues to support the rule.

Letter From President Obama

On March 21, I reported to the Congress that the United States, pursuant to a request from the Arab League and authorization by the United Nations Security Council, had acted 2 days earlier to prevent a humanitarian catastrophe by deploying U.S. forces to protect the people of Libya from the Qaddafi regime. As you know, over these last 2 months, the U.S. role in this operation to enforce U.N. Security Council Resolution 1973 has become more limited, yet remains important. Thus, pursuant to our ongoing consultations, I wish to express my support for the bipartisan resolution drafted by Senators Kerry, McCain, Levin, Feinstein, Graham, and Lieberman, which would confirm that the Congress supports the U.S. mission in Libya and that both branches are united in their commitment to supporting the aspirations of the Libyan people for political reform and self-government.

The initial phase of U.S. military involvement in Libya was conducted under the command of the United States Africa Command. By April 4, however, the United States had transferred responsibility for the military operations in Libya to the North Atlantic Treaty Organization (NATO) and the U.S. involvement has assumed a supporting role in the coalition's efforts. Since April 4, U.S. participation has consisted of: (1) non-kinetic support to the NATO-led operation, including intelligence, logistical support, and search and rescue assistance; (2) aircraft that have assisted in the suppression and destruction of air defenses in support of the no-fly zone; and (3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the NATO-led coalition's efforts.

While we are no longer in the lead, U.S. support for the NATO-based coalition remains crucial to assuring the success of international efforts to protect civilians from the actions of the Qaddafi regime. I am grateful for the support you and other Members in Congress have demonstrated for this mission and for our brave service members, as well as your strong condemnation of the Qaddafi regime. Congressional action in support of the mission would underline the U.S. commitment to this remarkable international effort. Such a Resolution is also important in the context of our constitutional framework, as it would demonstrate a unity of purpose among the political branches on this important national security matter. It has always been my view that it is better to take military action, even in limited actions such as this, with Congressional engagement, consultation, and support.


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