
Rep. Tom McClintock on Impending US Military Action in Syria
I am deeply concerned about reports that the President is preparing to order acts of war against the government of Syria without congressional authorization.
The Constitution clearly and unmistakably vests Congress with the sole prerogative “to declare war.” The President’s authority as Commander-in-Chief to order a military attack on a foreign government is implicitly limited by the Constitution to repelling an attack and explicitly limited under the War Powers Resolution to: “(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” Unless one of these conditions is present, the decision must be made by Congress and not by the President.
Nor does our participation in NATO allow the President to order an unprovoked act of war. The North Atlantic Treaty clearly requires troops under NATO command to be deployed in accordance with their country’s constitutional provisions. The War Powers Resolution clearly states that the President’s power to engage United States Armed Forces in hostilities “shall not be inferred …from… Read More