While experts and pundits debate whether Obama, as Commander in Chief, violated Article 1, Section 8 of the Constitution by ordering military action in Libya without approval of Congress, there is another law that may be in play here.

The federal government is currently operating under a Continuing Resolution (CR) because a new budget has not been passed by Congress. Without an appropriations budget in place, non-essential functions of the government would normally cease, as they are not allowed by law to spend money. However, under CRs, government agencies are authorized to fund their agencies, but only at the current level until either the resolution expires, or an appropriations bill is passed.

So when Obama, as Commander in Chief, ordered the military actions in Libya, the question arises as to whether the additional $2 billion/day is a lawful expenditure, given that the federal government is operating under a CR. We know it hasn’t been specifically appropriated because Obama hasn’t bothered consulting Congress on the action in Libya at all… for approval or funding.

Wouldn’t it be ironic if the Democrats who refused to pass a budget have inadvertently put Obama in a position to violate federal law with his war in Libya?

Say it ain’t so, Joe…

Transcript:

“The President has no Constitutional authority to take this nation to war against a country of 70 million people unless we’re attacked or unless there is proof that we are about to be attacked. and if he does, if he does, I would move to impeach him.”

Technically, Libya only has 6.5 million people, so maybe Joe can weasel out with a Clinton-esque parsing of the definition his words.

UPDATE: As if right on cue, here comes Obama with his own Clintonesque approach to the action in Libya, claiming “we are not at war“:

The White House held a classified briefing Tuesday with House and Senate leaders regarding the ongoing situation in Libya emphasizing the U.S. is NOT at war with Libya.

So if we are not at war, then how should we classify the deaths caused by bombings Obama has ordered? Murder? Terrorism?

Senator Barack Obama said on December 20, 2007:

“The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

And this week he unilaterally authorized military attacks on Libya, because their leader “told his people there will be no mercy.”

So it’s clear that Obama, under his own argument, has abused his powers as President…

You dopey Democrats elected this disaster… so suck it up and own the fact that maybe electing a motivational speaker to lead the free world wasn’t one of your brighter ideas.

For all its failures and ineptitudes, there is one thing eerily consistent with the Obama administration…

…it’s incessant ability to be caught off guard.

June, 2009: Obama Caught by Surprise on Iran

August, 2009: “President Obama, at a press conference with British Prime Minister David Cameron, said “all of us … were surprised, disappointed and angry” by the Scottish government’s decision to free Abdel Baset al-Megrahi last year

October, 2009: Washington caught off guard by Netanyahu visit

June, 2010: The White House was caught by surprise by a magazine piece that led to the exit of U.S. Gen. Stanley McChrystal as commander in Afghanistan, an official said.

February, 2011: [The Obama Administration] never once considered a scenario in which Mubarak faced a popular revolt.

March, 2011: Washington seemed taken by surprise as long-time ally Saudi Arabia sent 2,000 troops and the United Arab Emirates some 500 police into neighboring Bahrain Monday.

I guess Joe Biden was right when he said the Presidency is no place for on-the-job training.

Remember when Hillary ran the ad about the 3:00 AM phone call to highlight the fact that Barack Obama was completely unequipped to be Commander in Chief? Remember when Joe Biden, Obama’s own running mate, said that Obama would be engaging in “on-the-job training” as President?

They were both right…

…which means we’re screwed.

Move over Nero, you ain’t got nothin’ on Barry.

For the second week in a row, the most powerful man in the world stepped away from the White House to hit the golf course.

Even as his administration and the U.S. military help Japan recover from a devastating earthquake, and as the world worries about Fukushima’s nuclear reactor, the president could not resist taking advantage of the 48-degree weather in the Washington, D.C., area. …Last fall, Obama went golfing darn near every weekend.

If a faultering economy and environmental disasters in our own country aren’t enough to get Obama to sacrifice like he’s asked Americans to do, why would a middle east on the brink of civil wars, earthquakes, tsumanis, volcanoes or nuclear meltdowns get in the way of another round of golf?

I guess the upside is that we’re actually safer when Obama’s not at work making policy.