How Obama Can Use The War Powers Resolution To bomb Syria

1973′s War Powers Resolution — passed with the intention of Congress reining in the ever-expansive authority the Executive Branch had gathered regarding launching conflicts — becomes central to the debate. Under the provisions of the law, the President has to notify Congress whenever placing forces in areas where “imminent” hostilities are likely, and given a sixty-day window to conduct the operation absent Congressional approval and another thirty-days allotted towards withdrawal. The calls currently being placed to the Hill, along with the extremely short length of operations officials are quoting, would potentially keep any Syria operation within the confines of the WPR.

While the Obama administration has — for the most part — complied with many of the provisions of the War Powers Resolution, it has not outright accepted the constitutionality of the statute, joining every administration since Richard Nixon’s. The WPR, the argument goes, serves as an illegal check on the President’s constitutional responsibilities as Commander-in-Chief and therefore is easily ignored.

And despite being passed over Nixon’s veto, the War Powers Resolution hasnever been successfully employed to end a military mission. The Judicial Branch has also rejected Congressional attempts to take the Executive Branch to court over violations, ruling that the Legislative Branch lacks standing given their ability to pass laws constraining the President further.