Lower on the leadership ranks, a strange-bedfellows coalition of progressive-minded pols and Tea Party members has emerged, not only raising doubts about the underlying strategy but the legality of it as well.
“I think [the president] has a duty and an obligation to come to Congress,” Rep. Jason Chaffetz (R-Utah.) told The Huffington Post. “I see no clear and present danger to the United States of America. I just don't. We're in a bit of the fog at the moment as to what the president is trying to ultimately do.”
“In the absence of a credible, direct threat to the United States and its allies or to our valuable national interests, what excuse is there for not seeking congressional approval of military action?” asked Rep. Jerry Nadler (D-N.Y.) in a separate interview. “I think it is wrong and a usurpation of power and the fact that prior presidents have done it is not an excuse.”
Under the War Powers Act of 1973, the president can send U.S. armed forces into conflict only with the authorization of Congress or if the United States is under attack or serious threat. Absent such authorization, however, the president does have a 48-hour window to report about military deployments overseas. While Congress is supposed to be consulted “in every possible instance,” a broadening interpretation of executive powers has greatly diminished its “sign-off” authority.
“More recently, due to an expansive interpretation of the president’s constitutional authority as Commander-in-Chief of the Armed Forces and of his inherent powers to use force without Congressional authorization, the President has welcomed support from the Congress in the form of legislation authorizing him to utilize U.S. military forces in a foreign conflict or engagement in support of U.S. interests, but has not taken the view that he is required to obtain such authorization,” reads a March 2007 Congressional Research Service report.
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