flown-the-coop said:K2-HMFIC said:LMCane said:TexasAggie73 said:
Would the president giving the order to attack another country without congress approval, be a legal order?
tell me you don't know about the War Powers Act of 1973
without telling me.
He can authorize strikes for up to set amount of days and then beyond that has to seek congressional approval.
WPA of 1973 is very probably unconstitutional.
The War Powers Resolution isn't unconstitutional. Congress has the explicit Article I authority to declare war, raise and support armies, regulate the military, and control funding. The Resolution is Congress exercising those powers by setting the conditions under which the President can deploy forces without prior authorization.
The Supreme Court has never struck it down, and every administration while grumbling about it has operated within its framework for over 50 years. Presidents can object on policy or separation-of-powers grounds, but the constitutional structure is clear: Congress gets to decide when the nation goes to war, and the War Powers Resolution is a legitimate way of enforcing that.
