President – Congress and Permission to War

May 23, 2011 No Comments

To answer a question on Congressional power concerning war.

Article 1, Section 8 of the Constitution specifies that it is the Congress that has the power to declare war.  United States Code (50 U.S.C. 1541-1548), the War Powers Act, specifically states that the president may undertake the use of military force only in the case of “… a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”  It further states that the President must consult with Congress, “…in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities …”

United Nations Membership does not grant the Security Council authority to order U.S. forces into action. A U.S. President is not allowed to violate the Constitution and the Law, to commit an act of war without the authorization of the People, through their Congressonal Representative

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