War Powers Act

It is a law. "(Nov. 7, 1973) Law passed by the U.S. Congress over the veto of Pres. Richard Nixon. The act restrained the president's ability to commit U.S. forces overseas by requiring the executive branch to consult with and report to Congress before involving U.S. forces in foreign hostilities. Widely considered a measure for preventing future Vietnams, it was nonetheless resisted or ignored by subsequent presidents, most of whom regarded it as an unconstitutional usurpation of their executive authority."

Read more: http://www.answers.com/topic/w... Further, it gives the president 60 days to engage in hostilities without approval of Congress. "SEC. 5. (b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces. "

Reading the below, I don’t see any wiggle room. The Congress will not declare war, and if it does not authorize action, the president cannot act on his own because there has been no “national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

Nations and dictators have murdered their own people since time began. That is not cause enough to go to war. We must be attacked or our interests put into imminent danger.

§ 1541. Purpose and policy

(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper clause
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.

(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant 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.

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