Juan Cole, US Intervention in Libya, and the Left's Constitutional Myopia

I'm amazed (and admittedly frustrated) that people like Juan Cole and Digby can so blithely ignore constitutional process in this country. I have already discussed Digby's startling disregard for constitutional process here. Today, Juan Cole has offered an "Open Letter to the Left" in which he lays out his support for the Libyan invasion, and includes a summary of how the Left has been split by the military action there. Nowhere in his synthesis does Cole observe the simple fact that the Libyan military action by US forces is an Article I violation and is in violation of the War Powers Act. Nowhere in his letter does he admit that this might be a basis--to any extent--for some on the Left to be critical of our role in the current conflict.

I perceive a double-standard at play here. We on the Left love constitutions. Everyone should have one. But we can't be bothered with our own. This view is illustrated to some extent by Cole, but it goes much wider than him. Cole's most recent posts covering North Africa and the Middle East have been loaded with references to a recurring, universal demand by populations throughout the region, namely new constitutions or substantially reformed constitutions and constitutional processes-- specifically:

"The Arab crowds are investing their hopes in a new era of parliamentarism, in elections and constitutions, in term limits and referendums, in the rule of law and the principle that governmental authority must derive from the people."

Jordan:

"Some 6000 protesters marched in Jordan on Friday. They said they wanted to transform the Jordanian monarchy into a European-style, constitutional monarchy and to return to an unamended 1952 constitution."

Morocco:

"Thousands came into the streets of Casablanca on Sunday to put pressure on the king to follow through on his pledges. But the crowds added another demand, of a new constitution to be approved by the people."

Bahrain:

"Michael Hudson surveys the wreckage in Bahrain, where the Shiite majority had demanded constitutional reforms in aid of popular sovereignty from the Sunni monarchy, but got imported Saudi Wahhabi troops instead."

Egypt:

"The government has appointed respected jurist Tareq al-Bishri to head a committee charged with amending the 1973 constitution, which had been subject to large numbers of changes that benefited the ruling National Democratic Party. "

Constitutional Process Matters, Except When Digby Knows Better

Digby:

People keep asking me if I support Dennis Kucinich's call to impeach Obama for failing to get congressional authorization for the operation in Libya. Actually no, and not because Obama swears [sic] my team jersey. It's because I know that if he had gone to the congress to get authorization he would have gotten it, so the whole question seems a little bit irrelevant. They always do. Sometimes it's by acclamation as it was with Afghanistan or it's a little bit tougher as it was in Gulf War I. But the congress is not going to deny the president his prerogative to make war. Certainly, the Senate isn't going to do it --- they all look in the mirror every morning and see a future president and they want to be able to make their own wars when the time comes.

All this talk about process obscures the real question of whether or not we should have intervened in Libya and I have little doubt that if the great debate everyone thinks should have happened had happened, it wouldn't have changed the outcome one bit except to give the imprimatur of congress to the administration's decision. So, that's a big whatever. Process matters, but in this case, it's only barely relevant to the real question before us.

Regardless of Digby's prophetic powers,  I would have preferred that my congressman have his say on the floor.  I think he might well have spoken against it.  And I'd like to have given any senator a chance to do a "Bernie Sanders" for a few hours on CSPAN.   Who knows?   Some grandstanding Senator might have pushed the hour late enough that France Sarkozy would have jumped into Libya without us.  In spite of Digby's impressive claim to be able to foretell the future, I'd rather have played that particular game out.   You just never know.  A little time in debate might make a big difference.