Terrorists take 1000 Americans hostage outside US territorial waters on an Italian cruise ship. Congress is not in session. The terrorists kill 100 Americans and say they will kill 100 more per hour until America releases all terrorists worldwide.
The POTUS can not get authorization from Congress because they are not in session. There is no declaration of war. A national emergency created by attack upon the United States, its territories or possessions, or its armed forces has not happened under the circumstances I described.
According to you and Sec. 2. (c) of the War Powers Resolution the CIC can not make war on those terrorists to save those American civilians. So they all die.
How's that for simple Beers?
Simple enough for you?
Look to the Constitution.
“Terrorists take 1000 Americans hostage outside US territorial waters on an Italian cruise ship. Congress is not in session. The terrorists kill 100 Americans and say they will kill 100 more per hour until America releases all terrorists worldwide.”
1. Taking on terrorists in international waters is not “war” as reasonably defined. Launching hundreds of cruise missiles at the military of another country, followed by a large-scale bombing campaign is, on the other hand.
2. The mass killing of Americans is the very definition of “a national emergency created by attack upon the United States.” So even if it was a foreign government who killed the US citizens, there would be no case for the President being prevented to act in the absence of congressional authorization.
3. The Libya scenario is the definition of the kind of war where you do want congressional approval, I.e. a war of choice where no threat to US territory, property, or citizens exists.
If conservatives are going to be taken seriously when pushing for a meaningful interpretation of the constitution, making the requirement for congressional authorization of war void is not a good path to go down.