You did it quite nicely. The Constitution: specifically the Separation of Powers Doctrine. Congress can't tell the President what to do or not do with the military. Their opinion of what his powers are under the Constitution, even if codified in the law are nice but not binding.
In my opinion the Constitution also gives the President the right to use force to counter act the threat of force against us, or to simply enforce or advance our interests. There is nothing in the Constitution that says we have to be attacked before the President can use force. That was the Congress trying to limit the President by legislation.
thanks for the clear post...I actually understood that with only a half a cup of java in my bloodstream.
“The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” -Sen. Obama, 12/20/2007
Then the Constitution and the very concept of limitations on government power mean nothing.
I ,for one, don't want all these rogue warrior types roaming the world killing people "to advance our interests";neither do I want any president ordering up a war to boost poll numbers.
If Congress hasn't declared a war ,or it is not in response to an attack upon the US,then we ought to stay out of the fight.
Of course there is. The Constitution specifically gives the power of declaring both all-out war AND limited offensive hostilities to the Congress.
The only power given to the president is as CINC of the armed forces AND the Constitution limits the exercise of this power to those times when the armed forces are "called" to be used.
Art 2, Sect 2: "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;"
We can pretend that the modern evolution of the power of the presidency with the military means what it means today, but then we can also pretend the liberals are right about the 2d amendment, about abortion, and about the commerce clause.
The president DIRECTS THE military in conflict WHEN it has been given a mission by the Congress.