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Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)
OBAMA: 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.
As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.
I know Clinton did it. Bush never did it. Bush got congressional approval to enter Afghanistan and Iraq.
According to Sen. Allen West, Obama did not even consult the Senate Armed Services Committee. Cannot find a link but saw him interviewed on the news making that statement this morning.
I though I remembered that the President is freely able to go to war the first 30 days or whatever but requires Congress's approval for any longer or something....
If I remember correctly the President can actually wage war for 30 days before needing Congressional approval.
I think that it is considered a police action.
I am not sure that is actually legal, but it seems to be agreed upon precedent.
Congress is currently not in session.
That makes it even more obscure.
As I am doing this from old memorary, take it with a grain of salt.
I yield this one to those more up to date on law.
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