![]() ![]() ![]() It also reflects a basic democratic principle: the elected representatives of the people should have a say before we use force overseas, put our troops at risk, and spend taxpayer money on expensive wars. This is meant to balance the President’s authority as Commander in Chief and divide national security-related authorities between branches of government. The Question Do you agree with the O.L.C.’s reasoning? Under what circumstances other than a literally imminent threat to the United States, if any, does the Constitution permit a president to order an attack on another country without prior Congressional authorization? What about bombing Iranian or North Korean nuclear facilities?Īs part of our system of checks and balances, the Constitution assigns to Congress the power to declare war and to support the military. In recent years, the Justice Department’s Office of Legal Counsel has claimed that the Constitution authorizes the president, as commander in chief, to order the military to attack other countries without congressional permission if the president determines that this would be anticipatory self-defense or otherwise serve the interests of the United States - at least where the nature, scope and duration of the anticipated hostilities are “limited,” like airstrikes against Libyan government forces in 2011 and Syrian government forces in 20. Presidential War Powers Ordering military attacks without Congress Next: Military Force Against Americans The Context
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