Law Prof Says Obama Weakened The Constitution

Many of the accusations of executive overreach levied against the Obama administration are poorly founded, University of Baltimore law professor Garrett Epps writes, but the outgoing president’s evasion of the 1973 War Powers Resolution “is a lasting blot on Obama’s constitutional copybook.” That resolution requires a president to notify Congress before introducing the U.S. into “hostilities,” and seek permission if that intervention lasts more than 60 days. The Obama administration claimed that its actions in 2011 in Libya – including more than 100 cruise missile strikes, and dozens of air missions – did not constitute “hostilities.” Even worse, Epps writes, is the lack of congressional approval of the U.S.’s continued involvement in Iraq and Syria against the Islamic State. “This is not entirely the president’s fault – the administration and its allies have repeatedly begged Congress to at least hold hearings on an authorization bill,” Epps writes. “As is often the case in history, legislators would prefer to stay out of the arena.”

Epps also mentions the drone warfare program developed by the administration, which is “only nominally constrained by law.” These incidents, and more, amount to “a sobering record for an administration likely to pose as a friend to the Constitution and of civil liberties,” Epps says. “[T]here’s little doubt that he leaves the Constitution weaker than he found it.”