There Is No 60 Day Exemption From Congressional War Powers
Over the last week, as President Barack Obama has abruptly taken the United States into war in Libya without any congressional authorization, a claim has been repeatedly made by those who defend the war: It has been repeatedly asserted that the War Powers Resolution, sometimes referred to as the War Powers Act, gives the President of the United States 60 days to wage war as he likes before he must seek congressional approval.
In fact, the War Powers Resolution does not provide a sixty day exemption from the requirement of congressional authorization. The War Powers Resolution actually allows the President to enter into war only in two circumstances: 1) If Congress authorizes the action; or 2) a state of national emergency in the United States is created by an attack against the territory, possessions, or armed forces of the United States.
If you’re in the United States right now, you can look around you and see that there is clearly no national emergency here created by Libya. Furthermore, the government did not attack the United States, and so the War Powers Resolution forbids the current military action in Libya.
