Many U.S. Lawmakers Want A Say On Taking Action In Syria
The Obama administration appears poised to attack Syria after concluding Bashar Assad's government used chemical weapons, but many members of Congress say they haven't been briefed enough about why military action is warranted.
Opinions about Syria are all over the map, with many lawmakers saying the president cannot proceed without first getting authorization from Congress.
What's been irritating to a lot of lawmakers is that Obama doesn't seem to be asking for their permission at all. But whether the president is legally required to seek congressional approval before — for instance — launching cruise missiles into Syria is an issue that leaves even legal scholars furrowing their brows.
"The Constitution doesn't give me any quick answer to this," says Jesse Choper, who teaches constitutional law at the University of California, Berkeley. "It does say that Congress shall have the power to declare war. Well, the president would say, 'I am not declaring war. I am simply implementing foreign policy.' "
A 1973 statute, the War Powers Resolution, forbids armed forces to fight more than 60 days without congressional approval. But does that mean the president can unilaterally start military action basically anytime he wants?
Republican Sen. Ted Cruz of Texas recently argued on Fox News that "the only justifiable reason" for engaging the military is "to protect our national security."
If you want a Supreme Court case clarifying the president's powers as commander in chief, legal experts say: Good luck. The cases that really deal with that question date to the mid-19th century. So lawmakers have been spending this week offering their own constitutional interpretations.
"Look, I say this respectfully, but it is not the king's army," says Republican Rep. Scott Rigell of Virginia.
Rigell has gotten dozens of House members to sign on to a letter demanding that the president ask for the official blessing of Congress before attacking Syria. Some House and Senate members have been briefed by the president, but Rigell says more should be included — even if it means reconvening Congress during its summer recess.
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