Is the order to attack another nation without the approval of congress legal?

Question

If the President gave the order to attack another nation without the approval of congress is that a legal order? Under the War Powers Resolution the President can send U.S. armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat.

I would not call Libya a "serious threat", If it is not then what stops the President from starting a war with any nation without the approval of congress?

I think he would have got approval if he had asked for it, but he didn't. It may sound procedural but that procedure is what every member of the military is sworn to protect.

So would it be a legal order? The military had done it but what if the country had been Canada, where is the line where the Presidents authority ends and the Generals have a duty not to Obey?

1 bite is worth a 1000 Barks · Accepted Answer

It's not illegal exactly but is an impeachable offense because you are required to have a exit strategy as well as a cost analysis for the operation, In the case of Libya it was a joint effort and is more of a police action than a declaration of war.

? · Answer

The President can send soldiers into a country for 60 days without the approval of Congress but at the end of 60 days Congress has to declare war or the president has to pull the troops out. Thats the way it should work in theory but things don't always work the way they should.

Anonymous · Answer

War Powers Resolution Act gives the power for the president to do so..

I think the War Powers Resolution Act gives the executive branch way too much power and since warfare has evolved in such a way due to technological advances our government can now wage wars with out even being restricted by the Constitution or without making a declaration of war.

I think the limit of armed forces under the act is like 30,000 troops, and that's more than enough to win a war quickly with technology today.

? · Answer

Yes. See the War Powers Act.

? · Answer

Too undesirable our numbskull chief attacked the *incorrect* u . s .. Iraq under no circumstances attacked us, helped those who did, or possessed any WMDs. Bush is *such* an fraud. He used the damaging 9/11 tragedy to finish his already formulated plan to overthrow Saddam, truly of retaining persons. He might want to be prosecuted and thrown in penal complicated for all the reckless harm he has further about.

Jacob Payne · Answer

Yes, but the commander in chief cant wage war without congress. the way it works is that congress funds the military and if congress doesn't like whats going on they can stop funding the military or impeach the president. hope my answer helps

Lance · Answer

Yes because it isn't a war. There weren't any Republicans around to ask anyway.

Anonymous · Answer

Yes. In this sense anyway. It's not a war, and it's not America.

Is the order to attack another nation without the approval of congress legal?

8 Answers