'It's pretty obvious there’s no consensus in the Senate,' John McCain said. McCain: Libya vote unlikely

Sen. John McCain (R-Ariz.) said Wednesday he does not believe Congress will act before the May 20 deadline to authorize military engagement in Libya and he does not “recognize” the constitutionality of the War Powers Act that sets the timeline, in any case.

“No president has ever recognized the constitutionality of the War Powers Act and neither do I,” McCain said. “So I don’t feel bound by any deadline. It’s pretty obvious there’s no consensus in the Senate or in the Congress now to move forward with a resolution. I respect that.”


McCain, the top Republican on the Armed Services Committee, had been working with a bipartisan group of lawmakers to try to find “consensus” language for a symbolic “sense of the Senate” resolution expressing support for President Barack Obama’s decision in March to engage militarily in Libya.

American involvement in the country has been primarily through NATO, but U.S. planes also have been used since a hand-off to the coalition of allies to support action there. Foreign Relations Chairman John Kerry (D-Mass) told the AFP believed the resolution was “in limbo.”

The War Powers Act states that Congress must authorize military action taken by the president within 60 days of him doing so. Troops then have another 30 days to withdraw failing authorization, but the interpretation of the measure is as varied as it is loose, leaving presidents — like Bill Clinton in Kosovo — free to maneuver around it. Most calculations set the 60-day deadline for Libya at May 20. But Senate leaders on both sides of the aisle have not expressed any sense of urgency to move forward with a resolution of any kind, symbolic or otherwise.

McCain added Wednesday that if leaders change their mind, the language that he and Kerry said was basically “nailed down” before Easter recess is still ready to go and would have enough votes to clear.

“If the leadership feels that that resolution should be moved, we have written it. We have prepared it. And I am confident that if it comes to a vote, we will have 80 votes in favor of it,” McCain said.

The Senate voted in April on a Sense of the Senate resolution drafted by freshman Republican Rand Paul (R-Ky.) expressing opposition to military involvement in Libya. Ten Republican senators — spanning the ideological spectrum from Maine moderate Olympia Snowe to tea party champion Jim DeMint (R-S.C.) — voted in favor of the Paul language.