Newswise — “Did President Obama act unconstitutionally in ordering American air power to be used over Libya without first receiving authorization from Congress? U.N. Security Council Resolution 1973 made the Libya action valid under international law, but compliance with international law does not automatically ensure compliance with the Constitution.
“Although the President was not required to seek a formal declaration of war, the assignment of powers in the Constitution suggests that some form of legislative consent was necessary. Yet like many of his predecessors, President Obama chose to act unilaterally. For example, President Reagan's invasion of Grenada and President Clinton's use of force in Kosovo both proceeded without prior Congressional approval. “Echoing an argument made by Alexander Hamilton, some observers see unilateral military action by the President as a necessary accommodation to the demands for quick, decisive action in the field of international relations. To these Presidential maximalists, the constitutional separation of powers is outdated. But Congress clearly thinks otherwise, as reflected in the War Powers Resolution of 1973. It makes clear that except in cases of an attack on the U.S. or its armed forces, the President must seek prior approval from Congress.”
--Michael Dorf, constitutional law expert and professor of Law at Cornell University
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