President Obama's Letter to Congress Regarding Libya (and the War Powers Resolution)

On Friday, the New York Times published the text of President Obama's letter to Congress, regarding the use of force in Libya.    (Over at Opinio Juris, Peter Spiro has posted a discussion of the letter's implications here.)  The letter evidently was issued on Friday - which was, interestingly, the date on which the War Powers Resolution's ("WPR") 60-day time clock had expired. As far as the Administration's approach to the WPR goes, the letter seems to answer some questions while steering clear of a few others. In the letter, the President informs congressional leaders that the Libya campaign now is being conducted under NATO's leadership, and that US forces are playing a supporting role.  In those respects, his letter gestures towards (but does not advance explicitly) a statutory argument for the WPR's non-application. The President likewise writes that "congressional action" in support of the operation in Libya would emphasize the ongoing U.S. commitment there.  A congressional resolution, according to the letter, would be

"[i]mportant 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."

This language no doubt refers to the constitutional issues posed by the WPR.  But it does not, as Peter notes, address the time-clock's constitutionality, or tell us whether, in the Administration's view, the President lawfully could continue the Libya operation if Congress ultimately refused to bless it. All of that without even mentioning the WPR by name, or citing its requirements . . .